- 2 - consider concern the fair market value of one of the properties and the discounts, if any, to be applied to each of the three 50- percent undivided interests in real property held by decedent’s estate and at issue here. FINDINGS OF FACT The stipulation of facts and the exhibits attached thereto are incorporated herein by this reference. Eileen Kerr Stevens (decedent) a resident of Santa Clara County, California, died testate on September 7, 1993 (valuation date). Before her death, she had been married to Roy Stevens. The couple had four children, one of whom predeceased decedent. One of those children, Damon Stevens, is the executor of decedent’s estate. At the time of filing the petition Damon Stevens resided in Santa Clara County, California. Roy Stevens predeceased decedent on May 4, 1980, and through his will, created the Roy Stevens Testamentary Trust (the Trust) with decedent as trustee. As trustee, decedent had been given the power to conduct business for the Trust, including the authority to partition the Trust property if necessary. Decedent was entitled to the entire net income of the Trust, as well as any principal necessary for her “proper support, care and maintenance” for her life. The Trust continued after decedent’s death for the benefit of the Stevens children. The Trust and a subsequent trust created by decedent both were to be terminatedPage: 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