Estate of Marie L. Concordia, Deceased, Edward C. McReady, Executor - Page 11




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          $225,800.  The consideration received by the McReadys is outside            
          of that distribution.  In other words, the deeding of Western in            
          1990, 6 years before decedent’s death, was outside of the equal             
          division of the probate estate.  Upon the death of decedent, Mrs.           
          McReady became the sole owner of Western.                                   
               Although respondent questions whether the facts in the                 
          record support the ultimate conclusion that there was an                    
          agreement and that consideration was exchanged, the credible and            
          uncontradicted testimony of witnesses and corroborating evidence            
          in the record support the existence of the agreement and the                
          exchange of consideration between the parties.                              
               Having decided that there were an agreement and the exchange           
          of consideration, we must now decide the amount of “adequate and            
          full” consideration given by the McReadys in exchange for an                
          interest in Western.5  The estate contends that there are two               
          types of the consideration exchanged for Bradley--the rental                



               5 We observe that the original agreement between the                   
          McReadys and decedent was to deed full fee ownership to the                 
          McReadys.  On account of Mr. McReady’s concerns about ownership             
          of assets in his name because of pending unrelated litigation,              
          the deeding of Western was delayed until 1990, and, ultimately,             
          only an undivided one-half interest was deeded to Mrs. McReady.             
          In part, decedent remained a joint owner of Western to take                 
          advantage of real property tax benefits.  Although these                    
          variations from the agreement may have some legal implications,             
          neither party has focused on this aspect.  Perhaps the fact that            
          only one-half the fair market value of Western was excluded from            
          the gross estate has mooted any question about this aspect.                 






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