Erskine Summary: The IRS has privately ruled that transactions between a marital trust and a decedent's children from his first marriage to resolve discord between his surviving spouse and her stepchildren over the management of real estate holdings won't trigger gifts and won't result in a deemed transfer of the remainder interest in the marital trust. Drafting in a provision to allow such a Fair Market Value Exchange process without having to go through the time and costs of court mediation is required when trusts will hold fractional interests in real estate and other significant unique assets (such as art collections).
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