Estate of Ethel Josephine Spowart Hinz - Page 5




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          hired Christy, Hinz knew the estate tax return was due 9 months             
          from the date of decedent’s death.                                          
               Christy had been licensed to practice law in California                
          since 1949--he had considerable experience handling probate and             
          estate matters, but had filed only 12 to 15 Federal estate tax              
          returns.  The record does not indicate whether Christy had done             
          any work in connection with the estates of decedent’s husband,              
          who died in 1960, or decedent’s daughter.                                   
               On June 11, 1992, Christy filed with the Superior Court for            
          Santa Clara County a petition on Hinz’s behalf for the probate of           
          decedent’s estate.  The petition for probate listed seven real              
          properties4 and estimated their aggregate value as $1,100,000.              
          The $1,100,000 amount was based on the Santa Clara County                   
          Assessor’s records.  On July 29, 1992, the Superior Court                   
          appointed Hinz as executor of decedent’s estate.  Before the                
          estate tax return was due, Christy advised Hinz that the estate             
          could receive an extension of time in which to file its estate              
          tax return.  Hinz did not ask Christy what the extended due date            
          would be.                                                                   




          4    The parties have stipulated to the fair market values of two           
          of these seven properties.  Two of the remaining five parcels are           
          dealt with as one property, infra, the Lafayette Property.  As a            
          result, the parties have presented the valuations issue as                  
          dealing with four properties.                                               






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