Rosalyn Deutsch - Page 6

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               Until September 15, 1989, consistent with their mistaken               
          belief in the estate's liquidity, petitioner and her attorneys              
          also mistakenly believed that the estate's 1989 DNI would not               
          exceed $100,000.  Notwithstanding that the Florida elective share           
          is not entitled to participate in estate income, petitioner's               
          attorneys believed that petitioner's elective share would attract           
          the estate’s DNI in the year of payment.  As early as summer                
          1989, petitioner's attorneys were trying to minimize the impact             
          of the estate’s DNI on petitioner's income tax liability, well              
          before they learned in late September how much DNI there would              
          be.  In a July 6, 1989, letter to Mr. Deutsch's attorneys,                  
          petitioner's attorneys asked the estate to make an immediate                
          distribution to the residuary beneficiaries, which would have               
          required them to include their proportionate shares of DNI in               
          their taxable income.  In subsequent telephone conversations with           
          Mr. Deutsch's attorneys at the end of August, petitioner's                  
          attorneys again asked the estate to make concurrent distributions           
          to the residuary beneficiaries.  When Mr. Deutsch refused to do             
          so, petitioner's attorneys asked him to postpone payment of the             
          elective share until a later year.                                          
               On September 6, 1989, petitioner filed with the Probate                
          Court a Motion for Appointment of Administrator Ad Litem,                   
          alleging that Mr. Deutsch's dual role as estate fiduciary and               
          beneficiary created a conflict of interest.  On September 15,               





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