Estate of Constance R. Grant - Page 27




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               The estate argues that, assuming arguendo that some of the              
          time spent by Mr. Grant and Ms. Adams were considered to have                
          been spent by them as successor trustees of the Trust, the estate            
          would be entitled under section 2053(b) to deduct trustees’ fees             
          allowable under Md. Code Ann., Est. & Trusts, sec. 14-103(c) and             
          (e) (1991) (Md. Code Ann., Est. & Trusts, sec. 14-103(c) and (e))            
          in the amounts of $1,388 and $4,327, respectively.11  Those                  


               10(...continued)                                                        
          those individuals employed by Mr. Grant and Ms. Adams that were              
          claimed as deductions in the estate tax return were allowed as               
          administration expenses by respondent.  Finally, we note that the            
          estate makes no claim that the personal representatives of                   
          decedent’s probate estate are entitled to extraordinary execu-               
          tors’ fees under Maryland law.  The record contains no order of a            
          Maryland court allowing any such extraordinary fees, nor is there            
          any evidence in the record showing that an application for such              
          an order was ever made to a Maryland court.  Moreover, the                   
          summary prepared by the estate’s personal representatives that is            
          part of the record and that sets forth the nature of the various             
          tasks performed by them and the amount of time spent on such                 
          tasks does not establish that any such tasks were extraordinary.             
          To the contrary, the tasks listed in that summary establish that             
          the work performed by the estate’s personal representatives                  
          constituted the ordinary work of administering decedent’s probate            
          estate.  To illustrate, the tasks listed on the summary prepared             
          by the estate’s personal representatives include the following:              
          Find, identify, and gather information, papers, and effects;                 
          obtain death certificates; meet with lawyer and arrange appraisal            
          of personal effects; meet with accountant; collect and organize              
          papers including checks, bills, dividend records; effect stock               
          transfers; prepare small estate/personal representative papers;              
          start inventory; arrange for house appraisal; miscellaneous                  
          administration; miscellaneous accounting; appraisal for jewelry              
          and silver; preparing for estate tax return.  On the record                  
          before us, we find that the estate has failed to show that it is             
          entitled to any extraordinary executors’ fees under Maryland law.            
               11We note that the declaration of trust provided that the               
                                                              (continued...)           





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