Document Type

Article

Publication Title

Probate & Property

Publication Date

11-2004

Abstract

Fiduciaries face many tax options and elections during the administration of an estate of trust. The manner in which the fiduciary exercises, or does not exercise, tax elections and options will significantly affect one, some, or all of the beneficiaries. In some cases, it may cause the fiduciary to have made a gift for federal gift tax purposes. This article explores some of the ways in which a fiduciary might be treated as making a gift by exercising or not exercising certain tax elections or options.

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