RCW 11.108.020

Marital deduction gift—Compliance with Internal Revenue Code—Fiduciary powers.

Applied in 1 court decision — leading case 407 F. Supp. 2d 1230 - Sowder Ex Rel. Estate of Sowder v. United States (2005)

Most recently applied in 407 F. Supp. 2d 1230 - Sowder Ex Rel. Estate of Sowder v. United States (November 2005)

1997 c 252 s 82; 1993 c 73 s 3; 1988 c 64 s 28; 1985 c 30 s 107

(1) If a governing instrument contains a marital deduction gift, the governing instrument shall be construed to comply with the marital deduction provisions of the Internal Revenue Code in every respect.

(2) If a governing instrument contains a marital deduction gift, any fiduciary operating under the governing instrument has all the powers, duties, and discretionary authority necessary to comply with the marital deduction provisions of the Internal Revenue Code. The fiduciary shall not take any action or have any power that may impair that deduction, but this does not require the fiduciary to make the elections under either section 2056(b)(7) or 2523(f) of the Internal Revenue Code that is referred to in RCW 11.108.025.

Official source: Washington State Legislature. Reproduced from public-domain Washington statutes; confirm against the official source for the current text. Not legal advice.