- 4 - liquidation, and to effect eventual distribution of the proceeds of the Property to the beneficiaries * * *. During 1989, the Liquidating Trust instrument was amended to permit decedent to transfer her interest to her living trust for estate planning purposes, and, in all other respects, the restrictions on alienation of an interest in the Liquidating Trust remained in force. The Liquidating Trust instrument could be amended only by the consent of at least 71 percent of the beneficiaries. The trustee of the Liquidating Trust had the power to sell Residence without the consent of the beneficiaries, and, accordingly, decedent’s living trust had no direct control over the terms or conditions of the sale. After Residence was placed in the Liquidating Trust, the trustee began receiving offers which, during 1988, ranged from $4,500,000 to $9,600,000, with the majority of them placing near $7 million. The offers were generally contingent on soil and geologic testing and, in some cases, approval to subdivide. The trustee, after deciding that the offers received up to that point were unacceptable, began looking for a wealthy purchaser in order to exploit Residence’s unique character and to maximize its selling price. To avoid possible contingencies, the trustee, at the expense of the Liquidating Trust, caused soil and earthquake tests to be conducted during 1988 and 1989. An auction of the Liquidating Trust personalty, which attracted 2,500 people, was conducted during September 1989. Gross proceeds of the auctionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011