13. D dies leaving property outright to D's spouse S, but with an effective provision defeating S's...
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Question:
13.D dies leaving property outright to D's spouse S, but with an effective provision defeating S's interest and diverting the property to others if S "should not live long enough to probate" D's will. If S lives until D's will is probated, which occurs within six months of D's death, will the property qualify for the marital deduction?
A.Yes, if the estate tax return is filed within six months of D's death.
B.Yes, because the will was probated within the six month period.
C.No, because property passing by will does not qualify for the marital deduction; only insurance, jointly owned property and annuities qualify.
D.No, because this is a nondeductible terminable interest.
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