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Probate & Trust Law Section Conference Manual ... - Minnesota CLE

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At his death, he leaves the following assets to his new spouse, Betty:<br />

401(k) 500,000<br />

life insurance 600,000<br />

1,100,000<br />

He also leaves the following asset (at his death) to his children:<br />

Bank 300,000<br />

total federal gross estate (calculator line 1): 1,400,000<br />

marital deduction <br />

plus taxable gifts ($1,000,000 minus $13,000 each for 3 children) 961,000<br />

<strong>Minnesota</strong> adjusted taxable estate (calculator line 7) 1,261,000<br />

Table A calculation (calculator lines 8 - 16) 453,030<br />

<br />

107,230<br />

Table B calculation (calculator line 17) 3,600<br />

<strong>Minnesota</strong> estate tax due (on the $300,000 given to his children) 3,600<br />

Appendix – 11.<br />

NOTE: Because most all of his gross estate will be given to his surviving spouse, it will<br />

qualify for the marital deduction. His estate tax will be based upon his Table B amount<br />

which does not include the lifetime taxable gifts for the assets owned at death that pass to<br />

his children. If only a small amount of his estate (at death) is given to his children, then<br />

the M706 tax is calculated at the more modest Table B rates.<br />

Example #6 – Add Out-Of-State Asset: Assume the same facts as example #3 (lifetime<br />

gifts reduce M706 tax to zero) except that prior to his death Jack’s brother, Bill,<br />

(unmarried with no children) dies and leaves his South Dakota farm to Jack and his 3<br />

other surviving siblings. Jack had previously made all of the lifetime gifts discussed in<br />

Example #3 above and leaves all of his assets to his children (in this example there is no<br />

surviving spouse).<br />

home 300,000<br />

bank 5,000<br />

investments 190,000<br />

401(k) 500,000<br />

995,000<br />

¼ of South Dakota farm + 250,000<br />

total federal gross estate (calculator line 1 – must file M706): 1,245,000<br />

6

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