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In some states, common law marriages are recognized as legal marriages, and therefore the common law spouse of the deceased can inherit the estate. The surviving spouse takes between $100,000 ...
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The intestacy laws of certain American states, limit the surviving spouse's rights (inheritance) to the deceased spouse's real estate to a life estate. Louisiana, applying civil law, has a similar default provision in intestate successions called a usufruct, which is only over community property and ends with the earlier of death or remarriage.
In this technique, each spouse creates a trust and divides their assets (usually evenly) between the two trusts. The terms of the credit shelter trust provide that upon the first spouse's death, the other is left an amount in trust for the benefit of the surviving spouse up to the current federal exemption equivalent to the federal estate tax.
As a simple example, under Iowa law (see Code of Iowa Section 633.238 (2005) Archived 2018-06-27 at the Wayback Machine), the deceased spouse leaves a will which expressly devises the marital home to someone other than the surviving spouse. The surviving spouse may elect, contrary to the intent of the will, to live in the home for the remainder ...
Surviving spouses: No inheritance tax rate Siblings, parents, children and grandchildren: No taxes on amounts up to $100,000, then 1% Others: 11% to 15% on amounts above $25,000
Of these deductions, the most important is the deduction for property passing to (or in certain kinds of trust, for) the surviving spouse, because it can eliminate any federal estate tax for a married decedent. However, this unlimited deduction does not apply if the surviving spouse (not the decedent) is not a U.S. citizen. [29]
Different taxation rules apply to distributions from inherited IRAs if you were married to the decedent. As a late individual’s spouse, you have three options when you inherit an IRA: Designate ...