(a) As used in this Code section, the term “marital deduction testamentary gift or
transfer” means a testamentary gift or transfer of assets, including cash, which qualifies
for the federal estate tax marital deduction.
(b) Where a will or trust agreement authorizes or requires an executor, administrator,
or trustee to satisfy a pecuniary marital deduction testamentary gift or transfer
wholly or partly by a distribution of assets in kind at values which are finally determined
for federal estate tax purposes or at values which are determined by reference to
such federal estate tax valuation, the executor, administrator, or trustee, in satisfaction
of the pecuniary marital deduction bequest or transfer, shall distribute assets, including
cash, which shall have an aggregate fair market value fairly representative of the
distributee's proportionate share of the appreciation or depreciation, from the date
or dates of federal estate tax valuation to the date or dates of distribution in satisfaction
of the pecuniary marital deduction bequest or transfer.
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