<div dir="ltr">Query:<div>I have a large probate ($30 million) where the first spouse died and his Will funds a QTIP for his surviving spouse. We are contemplating using portability to transfer his unused amount to his spouse. Surviving spouse is incompetent and unlikely to live a long time. Her POA has extremely broad powers - of gifting, disclaiming and ability to transfer to other trusts and family. Her AIF is in the process of gifting away her half of the estate, utilizing her fed applicable exemption amounts (no Washington gift tax) and paying any gift tax incurred. </div><div><br></div><div>First, We are curious as to when she may use her spouse's amount in gifting. Is it after the IRS accepts his 706? She likely won't live that long.</div><div><br></div><div>Second, we are curious about terminating the QTIP and either giving her the life income interest or all of the trust. The thought is to again gift it to children if she takes it all. Does 2019 cause any further damage by pulling it into her "estate" and incurring gift tax? She will have used all of her fed exemption anyway and will definitely incur further incur gift tax. The purpose here would be to avoid the Washington state estate tax on the extra $15 million by disposing of it now. </div><div><br></div><div>Finally, and third, by paying gift tax now, does 2035 pull it back into her estate if she dies prior to 3 years, which she will? I am having trouble interpreting the statute when we are contemplating terminating the QTIP and gifting her the income interest or all of it....</div><div><br></div><div>We could simply disclaim QTIP assets under husband's estate but then it would incur the Washington tax.</div><div><br></div><div>I have reviewed 2511, 2519 and 2035. Since this is a 3:00 a.m. thought, I would appreciate any and all comments as to whether this is a good idea. After I have my coffee, I may regret my stupidity in sending this out!</div><div><br></div><div><br></div><div>-- <br><div class="gmail_signature"><div dir="ltr"><font face="arial, helvetica, sans-serif">Katharine P. Bauer</font><div><font face="arial, helvetica, sans-serif">Bauer Pitman Lifetime Legal, PLLC<br>1235 Fourth Ave. East, Suite 200<br>Olympia, Washington 98501<br>tel. 360.754.1976<br>fax. 360.943.4427</font><br><div>
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