- 34 - married, and later combined their businesses to form Perticular Lawn, Inc. 3. Conclusion We conclude that respondent has shown that the transfers of the assets in the inventory were per se fraudulent under Fla. Stat. Ann. section 726.106(1) (West 1988). 4. Value of the Property Transferred Respondent contends that Mr. Riffe's estate included $113,600 of property other than cash. Petitioners contend that respondent has not established the fair market value of the non- cash property listed in the inventory that Mrs. Pert filed with the probate court, and contend that the values given in the inventory are not evidence of fair market value. We agree with respondent. Under Florida law, the personal representative of an estate must file an inventory of the property of the estate, including the estimated fair market value of each asset when decedent died. Fla. Stat. Ann. sec. 733.604(1) (West 1988). Kaltenbach testified that the values used in the inventory were based on the best information available at the time without the expense of appraisals. We do not believe that the absence of appraisals or the fact that Mr. Riffe’s estate was larger than $60,000 and smaller than $600,000 makes the estimate in the inventory unreliable.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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