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citizen who resided in Ramsey County, Minnesota, when she died
testate on July 30, 1993. Charles E. Walsh, her surviving spouse
and the estate's personal representative, is a U.S. citizen who
resided in St. Paul, Minnesota, when the petition was filed.
On October 30, 1992, Mr. Walsh and the decedent established
a revocable trust named the Dorchar Trust Agreement (the Trust),
and they transferred most of their assets to the Trust. Also on
that date, the decedent executed her last will and testament,
bequeathing to the Trust the residue of her estate.
Under the terms of the Trust agreement (the Agreement), each
spouse could independently alter, amend, or revoke the Trust if
competent, and both spouses served as cotrustees during their
joint lives. Upon the incompetence or death of either spouse,
the remaining spouse would serve as sole trustee until the need
for a successor arose.
The Agreement also provided that, upon the death of the
first spouse, the Trust's assets would be placed in Trust A and
Trust B. After the payment of all expenses, Trust B would be
funded with assets having an aggregate value of $600,000, and
Trust A would be funded with the remaining assets. The Agreement
provided:
The Trustee shall try to allocate to TRUST A only
property that will qualify for the marital deduction
* * * [and] it is our intention that TRUST A shall
qualify for the marital deduction under the federal
estate tax provisions of the Internal Revenue Code in
effect at the time of the death of the first one of us.
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Last modified: May 25, 2011