- 6 - Among the facts upon which petitioner bases the assignments of error are the following: On November 16, 1981, * * * [decedent] sold the Abagail Ranch to his daughter Gail Chemodureau * * *. From November 16, 1981, until August 30, 1995 * * * title to the Abagail Ranch remained in the names of * * * [decedent] and his wife * * *. On August 30, 1995 * * * [decedent and his wife] executed and delivered a Warranty Deed conveying Abagail Ranch to Gail. Because of a minor error in such deed * * * [decedent and his wife] executed and delivered a corrected Warranty Deed dated December 20, 1995. * * * Gail is the true owner of the Abagail Ranch * * * . The Abagail Ranch is not an asset of the Estate and its value is not properly included in the gross estate for estate tax purposes. * * * * * * * In conjunction with formalizing the sale of the Abagail Ranch to Gail * * * [decedent] executed and delivered to Gail a General Assignment of all farm equipment and machinery located at the Abagail Ranch. Consequently, Gail is the true owner of the equipment; it is not an asset of the Estate; and its value is not properly included in the gross estate for estate tax purposes. State Court Actions Relevant to this proceeding are two actions brought in the Montana Eighteenth Judicial District Court, Gallatin County, Montana (the State court). The first action is styled “CYNDI JAKUBEK and PAUL JAKUBEK, Plaintiffs, vs. GAIL SUZANN CHEMODUREAU aka GAIL WILLIAMS individually and in her capacity as Personal Representative of the ESTATE OF THEODORE CHEMODUROW, Defendants”, Cause No. DV 96-60 (Cause No. DV 96-60). Cause No. DV 96-60 was initiated by complaint (the Second Amended Complaint and DemandPage: 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