Advanced Marital Deduction Concepts
• QTIP Trusts: Requires all income to be distributed to the surviving spouse
annually, and the executor must make a specific tax election.
• GPA Trusts: Requires annual income distributions plus a general power of
appointment over the trust assets given to the spouse.
• Non-Citizen Spouses: Assets passing outright to a non-citizen surviving spouse
generally do not qualify for the standard marital deduction without specific planning
like a Qualified Domestic Trust (QDOT).
## 1. Your client owns a $200,000 home in joint tenancy, a $15,000 car in his own name, an
$8,000 CD in his name alone, and a $100,000 life insurance policy with a cash value of
$10,000, payable to his wife. What is the value of his probate estate?
* $23,000
* $33,000
* $223,000
* $333,000
* Answer✅: $23,000
Rationale: The probate estate includes only assets held solely in the decedent's name with
no designated beneficiary. The car ($15,000) and the CD ($8,000) require probate to
transfer ownership. The home passes automatically via rights of survivorship. The life
insurance passes directly to the beneficiary by contract.
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,## 2. A simple trust earned $27,000 in dividends. It paid $4,000 in trustee fees, one-half
from income and one-half from principal. Trust accounting income is which of the following?
* $0
* $23,000
* $25,000
* $27,000
* Answer✅: $25,000
Rationale: Trust Accounting Income (TAI) calculations depend on how the trust document
or state law allocates expenses. Since half of the $4,000 fee ($2,000) is paid from income, it
reduces the $27,000 dividend earnings. The remaining half is paid from principal and does
not reduce TAI.
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## 3. If the Trust Document is silent with respect to a certain cash transaction, the Trust
Administrator should first look to which of the following for guidance?
* Court of Jurisdiction
* Principal and Income Law of the State
* Grantor
* OCC
* Answer✅: Principal and Income Law of the State
Rationale: When a trust agreement lacks specific instructions, state statutory law fills the
gap. Trust administrators must look directly to their state's Uniform Principal and Income
Act (UPIA) to determine the correct accounting treatment.
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## 4. When determining a long-term sustainable rate of return for a unitrust payout, which
of the following best represents the range of high confidence payout percentages?
* 1-2%
2
, * 2-3%
* 3-5%
* 120% of the federal midterm rate
* Answer✅: 3-5%
Rationale: A 3% to 5% payout range safely balances current income distributions with trust
principal preservation. This historical baseline prevents inflation from eroding the trust's
purchasing power over time.
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## 5. Which of the following is an example of tangible personal property?
* Gold bar
* Common stock certificate
* Patent
* Vacant land
* Answer✅: Gold bar
Rationale: Tangible personal property consists of physical, movable items you can touch. A
gold bar fits this definition. Land is real property, while stocks and patents represent
intangible financial or intellectual rights.
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## 6. Which of the following is an example of tangible personal property?
* Family residence
* IBM stock
* Jewelry
* Rental house
* Answer✅: Jewelry
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