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But any primary your partner receives (unless the circulation is because of “difficulty” as specified by the IRS),plus assets remaining in the QDOT when your spouse dies,will be taxed as if they became part of your estate when you died (at your highest estate tax rate) Estate Lawyer (858) 278-2800 Probate Attorney In an estate account,the funds belong to the estate and can only be used for estate purposes.
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