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- Letters Testamentary
- Executor and Trustee Commissions Under NY EPTL
- Defeating The Right of Election in EPTL § 5-1.1-A
- Modifying or "Decanting" Irrevocable Trusts: New York's Decanting Statute Annotated
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Tag Archives: executor
Marital Deduction Planning
By making a QTIP election, the Executor will enable the decedent’s estate to claim a full marital deduction. To qualify, the trust must provide that the surviving spouse be entitled to all income, paid at least annually, and that no person may have the power, exercisable during the surviving spouse’s life, to appoint the property to anyone other than the surviving spouse. Since the Executor may request a 6 month extension for filing the estate tax return, the Executor in effect has 15 months in which to determine whether to make the QTIP election. Continue reading