Estate of Theodore J. Chamberlain - Page 39




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               and his assets, and so he would keep careful records of                
               them, and I was familiar with those records and would                  
               see them.                                                              
          According to Dale, after Mrs. Chamberlain's death, decedent                 
          became increasingly cautious in the management of his finances:             
                    He got to the point where he would check with me                  
               before he did anything, and he did very little.  He                    
               owned stock.  He kept stock.  He owned bonds.  He held                 
               them.  * * *                                                           
          *   *   *   *   *   *   *                                                   
                    He continually became more and more cautious.  He                 
               wouldn't do anything without checking with me.  He made                
               very few investment changes.                                           
                    2.   What Assets Were Disclaimed?                                 
               Even assuming for the sake of argument that decedent had               
          disclaimed something, the question of what assets had been                  
          disclaimed would still be unresolved.  Rather than resolving this           
          question, the inconsistencies in the testimony of the witnesses             
          further convince us that decedent did not disclaim.  Each of the            
          witnesses has testified that decedent intended to disclaim all              
          the probate assets; yet there is just as much evidence that                 
          decedent had actually intended, in order to maximize the use of             
          the unified credit, to disclaim much more than just the probate             
          assets.  According to Dale, decedent "had planned to disclaim the           
          amount that would absolutely minimize taxes down to the last                
          dollar."  A basic step in any effort to minimize estate taxes is            
          the use of the unified credits of each spouse, which allow                  






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