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1989, petitioner and her attorneys were informed by one of Mr.
Deutsch's attorneys that the estate income for 1989 would exceed
$250,000. At a hearing on the motion before the Probate Court on
September 25, 1989, the parties discussed amounts and components
of estimated estate income. Based upon Mr. Deutsch's work
papers, which were presented to the Probate Court in support of
the estate's plan to satisfy petitioner's elective share, the
parties stipulated that estate income was projected to be
$650,000 in 1989 and $50,000 in 1990. Petitioner asked the
Probate Court to synchronize payment of the elective share with
distributions to the residuary beneficiaries.
The parties entered into a settlement, stipulating the
projected 1989 income, the size of the net estate, $3,361,683,
and the elective share, $1,008,504, and the assets to be used to
satisfy the elective share. The Probate Court ratified this
settlement in an Agreed Order, dated September 25, 1989, the day
of the hearing. The Order also provided for the transfer to
petitioner, as part of the elective share, of the specific assets
that would have passed to her under the will, with the balance to
be paid in cash.
The Probate Court's order directed the personal
representatives to pay petitioner the elective share in its
entirety in 1989, and not to make any distributions to the
residuary beneficiaries until 1990 or thereafter. In the same
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