- 16 - partnership’s sole general partner. He alone (1) executed the articles of limited partnership, the deeds, and the transfer of lien; (2) opened the brokerage accounts; and (3) signed all of the partnership checks. Petitioner emphasizes that decedent’s children were concerned that he would give Mrs. Reichardt’s property to his lady friend. Despite that, Mrs. Reichardt’s will gave decedent the power to consume all of her separate property in which she gave him a life interest. Mrs. Reichardt was sophisticated and capable. We do not think she would have given him such broad power if she had the concern that petitioner alleges. In addition, decedent did not do what petitioner says his children suspected he would do. The facts suggest that this argument of petitioner’s is, at best, overstated. Petitioner also alleges that decedent formed the trust and partnership to give his children control over the assets while he was living. The facts suggest otherwise. Decedent’s children, as cotrustees, could have taken, but did not take, actions related to the trust or exercise control over the assets while decedent lived. c. Fiduciary Duties Petitioner contends that decedent's fiduciary duties as a general partner and trustee precluded him from retaining enjoyment of the assets. We disagree. Decedent’s fiduciaryPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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