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Level 6
posted Jan 12, 2024 2:49:01 PM

Splitting Gifts Following The Death Of A Spouse - Form 709

My wife died in the summer of 2023. We each did gifting that requires me to file Form 709.

The instructions (pg 7) state we

must be married

at the time the gift was made and

ALL gifts must be split

.

I continued to gift through December 2023.

For each of our Forms 709, I am splitting the gifts up to the time of her death

How do I report the gifts made following her death?

Thanks in advance.

0 9 3529
9 Replies
Level 15
Jan 12, 2024 3:53:22 PM

Report any gift after her death as only given by you. 

Level 6
Jan 12, 2024 4:16:21 PM

Thanks Bsch4477

What about All gifts must be split. Leave unchecked regardless of the instructions?

Level 15
Jan 12, 2024 4:41:44 PM

Check no on line 12. 

Level 6
Jan 12, 2024 4:45:28 PM

Confused - If both my wife and myself split our separate gifts, don't I have to split them on both 709's. Or, are you saying not to split the gifts on either 709?

Level 15
Jan 12, 2024 4:51:24 PM

As you posted, you’re splitting the gifts up until her death. That’s correct. Any gift after that time requires another 709 reflecting that only you gave the gift. There is also a line on the form to report her death. The form is not easy to understand but fortunately the estate exemption is over 13 million dollars so reporting your gifts is really a gesture. 

Level 6
Jan 12, 2024 4:56:33 PM

Thanks, I didn't know one had to file more than one 709. I am aware of the line noting her death.

Level 6
Jan 12, 2024 5:00:35 PM

Would I use the same Gifting History for each 709?

Level 15
Jan 12, 2024 5:03:22 PM

Complete one form which includes all of the gifts that you gave after the death of your wife. 

Level 6
Jan 12, 2024 5:06:10 PM

Thanks for your guidance