Spousal Right of Election and Its Effects on CRTs

1. the creation of the CRT;
2. the date of the donor’s marriage to the spouse;
3. the date on which the donor becomes “domiciled” in a state whose law provides a right of election that could be satisfied from the CRT assets; or
4. the effective date of an applicable state law creating a right of election.

The waiver must be in writing, signed and dated by the spouse, waive the right of election against the assets of the CRT and be valid under state law. The trustee must keep a copy of the waiver with the trust records. If the waiver occurs as part of a prenuptial agreement, the trustee must have a copy of the agreement in his file.