Question: Suppose D advises you that S is not a U . S . citizen. Which statement accurately summarizes the advice you will give him? Group

Suppose D advises you that S is not a U.S. citizen. Which statement accurately summarizes the advice you will give him?
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Under 2056, the marital deduction does not depend on S's being a U.S. citizen, as long as she is not an illegal alien.
Since any interest passing from D to S will not generate a marital deduction under the Internal Revenue Code, he should divorce her before he dies.
Section 2056A allows D's estate to claim a marital deduction provided, but only if among other requirements, the bequest is in the form of an interest in a Qualified Domestic Trust ("QDT").
Section 2056A allows D's estate to claim a marital deduction provided the bequest is in the form of an outright bequest to S, as long as his executor makes a QDT election, even if the bequest is not used to fund a trust.

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