-34- Issue 3. Whether 12 Checks Decedent Wrote and Delivered to Her Agent 4 Days Before She Died Were Completed Gifts; If Not, Whether the Checks Are Claims Against the Estate That May Be Deducted Under Section 2053 Decedent intended to make gifts of $10,000 to each of her children and grandchildren during 1989. On November 21, 1989, she wrote 12 checks, each for $10,000 (total $120,000), and gave them to her son, Jack, to deliver to the donees. Unlike the gifts she made in prior years, these checks were made to each of the donees personally, and none were payable to the Weinstock Trusts. At the time decedent wrote the checks, she had $89,799 in her checking account. Jack placed the checks in his desk at home for safekeeping, and then went to Florida with his family for Thanksgiving. Jack intended to arrange a bank loan for the amount of the checks when he returned, and then to deliver the checks to the donees. On November 25, 1989, while Jack was still in Florida, decedent was killed in an automobile accident. After the demise of decedent, Jack replaced the 12 checks signed by decedent with 12 new checks drawn on the estate account, which he signed as a coexecutor.18 Jack delivered the replacement checks to the 12 payees of the checks signed by decedent, and the payees cashed these replacement checks. The 12 checks signed by decedent were never delivered to the intended donees nor deposited, and 18 The $10,000 check to Jack was written and signed by his brother, Lewis, who was also an executor of the estate.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011