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Cal. Prob. Code § 21522

Marital Deduction Gifts

Applied in 3 court decisions — leading case Davis v. Commissioner (2005)

Most recently applied in Davis v. Commissioner (January 2005)

Enacted by Stats. 1990, Ch. 79.

If an instrument contains a marital deduction gift:

(a) The provisions of the instrument, including any power, duty, or discretionary authority given to a fiduciary, shall be construed to comply with the marital deduction provisions of the Internal Revenue Code.

(b) The fiduciary shall not take any action or have any power that impairs the deduction as applied to the marital deduction gift.

(c) The marital deduction gift may be satisfied only with property that qualifies for the marital deduction.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.