[WSBAPT] marital deduction and community property

[sdonahue at sdonahuelaw.com]

Thank you very much, Mike.  That is very helpful.  This is what I thought,
but I wanted to be sure.

 

Susan

 

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com>
On Behalf Of Mike Zeno
Sent: Tuesday, August 31, 2021 9:39 AM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] marital deduction and community property

 

Susan, since property you bring to the marriage is separate property (before
it's commingled) and there's no community property agreement, then you've
got separate property here.  But the marital deduction will apply to what's
given to the wife in the will.Mike

 

The Law Office of G. Michael Zeno, Jr., P.S.

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From: wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com>
<wsbapt-bounces at lists.wsbarppt.com
<mailto:wsbapt-bounces at lists.wsbarppt.com> > On Behalf Of
sdonahue at sdonahuelaw.com <mailto:sdonahue at sdonahuelaw.com> 
Sent: Tuesday, August 31, 2021 8:45 AM
To: 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com
<mailto:wsbapt at lists.wsbarppt.com> >
Subject: [WSBAPT] marital deduction and community property

 

Hello listserve helpers,

 

I am doing a probate for a man who died about 10 days after getting married.
His estate is probably over the exclusion amount, probably well over.  I
need some clarification about how community property relates to the marital
deduction.  With such a short term marriage, does community property even
apply to the distribution of his estate?  Does the marital deduction apply?
How do the martial deduction and community property relate in this
circumstance?  95% of his residual estate goes to charity, but I would like
to be able to get the entire estate below the exclusion amount so that there
are no taxes.  The charitable deduction probably won't do it since there is
quite a bit of property given to his wife-the house and condo, the airplane
and hanger and all the tangible personal property.  So, will the marital
deduction/community property provisions apply?  And if so, how?

 

Any suggestions or comments?  All would be welcomed.

 

Thank you,

 

Susan

 

 

 

SUSAN DONAHUE

Law Office of Susan Donahue

125 West 2nd Avenue, Suite "B"

P.O. Box 81

Twisp, WA 98856

(509) 996-5944 (phone)

(509) 362-9692 (fax)

 <mailto:sdonahue at sdonahuelaw.com> sdonahue at sdonahuelaw.com

 

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