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What is the unlimited marital deduction?

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What is the unlimited marital deduction?

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A person can pass unlimited assets to his/her spouse after death with no estate tax. Some people therefore conclude that they should hold all their assets in “joint” custody. This is what creates the “Joint Custody Trap”.

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The federal government allows every married individual to give an unlimited amount of assets either by gift or bequest, to his or her spouse without the imposition of any federal gift or estate taxes. In effect, the unlimited marital deduction allows married couples to delay the payment of estate taxes at the passing of the first spouse because at the death of the surviving spouse, all assets in the estate over applicable exclusion amount ($2,000,000 in 2007) will be included in the survivor’s taxable estate. It is important to keep in mind that the unlimited marital deduction is only available to surviving spouses who are United States citizens. Back to the top.

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A. The Unlimited Marital Deduction means that an unlimited amount can be transferred from one spouse to another without any federal Estate Taxes.

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