- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011