Who will bear the burden of the federal and state death taxes must be considered when drafting wills and trust documents.  Under certain circumstances, it may be appropriate for the residuary estate to bear the tax burden, including those incurred on non-probate property.  In other instances, it may be more appropriate for each legatee to bear a proportionate share of the tax burden.  My  tax advice is limited to developing estate plans, consistent with the objectives of my clients, that minimize estate taxes.  I do not represent clients before the U.S. Department of the Treasury, Internal Revenue Service.