Reference no: EM132650901
Problem - Ted Lucas (age 48) is killed in an automobile accident. One of the provisions of Ted's will establishes a trust with $3 million in assets. Under the terms of the trust, a life estate is granted to Mel (age 69) with the remainder interest passing to Faye (age 45) upon Mel's death. Mel is Ted's widower father, who is suffering from pancreatic cancer. Faye is Ted's wife, who is in good health. Under the applicable valuation tables, the life estate value in $3 million for a person age 69 is $1,709,280 (based on an interest rate of 4.2 percent).
If the Lucas estate valued Mel's estate in accordance with the IRS tables, this would reduce the marital deduction allowed for Faye's remainder interest to $1,290,720 ($3,000,000 - $1,709,280). Because Mel has aggressive terminal cancer, however, life estate is disregarded, and the full $3 million is claimed as a marital deduction.
Is the estate correct in disregarding the valuation factor for a life estate in light of Mel's medical condition?