- 14 - Mr. Johnson, who drafted the 1984 and 1987 wills, thought that decedent was satisfied that Article IV mirrored his obligation under the Deed of Separation. Mr. Johnson had not seen and did not review a copy of the Deed of Separation when preparing either the 1984 or 1987 will. At the time he drafted the 1984 and 1987 wills, he was not aware of the nature of the domestic matter his firm had handled for decedent. Mr. Johnson was not familiar with either the Consent Judgment or the Release of All Claims. It is uncertain whether in 1984 and 1987 Mr. Johnson knew of the divorce and Kathleen's remarriage. All three wills refer to Kathleen as Kathleen Powell Lineweaver, even though she had remarried a few months after the 1982 will was executed and had taken the name of Kathleen Powell Lyon in 1982. Mr. Johnson did not make any independent investigation as to the nature of any obligation decedent had in regard to paying Kathleen an amount of $100,000 either by means of life insurance or other assets. Article II of the 1987 will directed that decedent's executor shall make such claim as is permitted by law for any such death taxes assessed against my estate as a result of the inclusion in my estate of * * * any insurance policies payable to beneficiaries other than my Executor * * * Estate Administration After Kathleen received the $50,680.34 of life insurance proceeds, she made a claim against decedent's estate for thePage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011