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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: 4,815
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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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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
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