Effect of Tax Apportionment Clauses on Nontestamentary Assets

Patricia M. Sheridan (Assistant Professor of Law, Manhattan College) recently published her article entitled Effect of Tax Apportionment Clauses on Nontestamentary Assets, 43 Tr. & Est. L. Sec. Newsl. 13 (Summer 2010).  An excerpt from the introduction is below:

This article examines which types of tax clauses specifically relieve nonprobate assets from the payment of estate taxes and discusses when a general direction against tax apportionment contained in a will extends to a decedent’s nontestamentary assets. The article also explores whether the existence or absence of the nontestamentary assets at the time the will is signed has any bearing on the testator’s intent.