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A married man wishes to make a gift to his offspring above…

Good morning Gerald. A married man...
Good morning Gerald.
A married man wishes to make a gift to his offspring above and beyond the annual exclusion amount.
QUESTION: Is such a gift automatically considered to be a split gift or can he make it as a gift just from himself, thereby saving his wife's assets from being counted against her lifetime exclusion amount?
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Answered in 27 minutes by:
5/2/2017
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,455
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It is not automatically a split gift. How the gift is characterized depends on the intent of the donor(s). It is easiest enough to include a note or card (keep a copy) that says: "Here is a gift from your Father" vs. "Here is a Gift from me and Dawn."

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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NOT that the card or note is a requirement. Testimony alone is sufficient evidence, but it is always nice to have a contemporaneous writing.

Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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