Estate and Gift Taxation: Marital Deduction

Question 1

Any transfer of assets after the marriage

Answer 1

is considered a marital deduction

Question 2

In order for an unlimited marital deduction to apply to the estate tax, all of the following must apply:

Answer 2

The decedent must be married and survived by their spouse.

The spouse must be a U.S. citizen.

The property must be included in the decedent’s gross estate and pass to the surviving spouse.

The spouse’s interest in the property must not be a terminable interest.