Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 2




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          respondent’s motion for leave to file amendment to answer and to            
          claim increased deficiency asserting an increased deficiency in             
          estate tax of $2,235,455.49.                                                
               In the amendment to answer, respondent raised as an issue              
          whether a potential malpractice claim decedent possessed against            
          the law firm of Eckell, Sparks, Monte, Auerback & Moses (Eckell,            
          Sparks) constituted an interest in property includable in                   
          decedent’s gross estate, and if so, the value of that claim.  As            
          detailed infra, on March 13, 1995 (more than 4 years after                  
          decedent’s death), the administrators pro tem. and the residuary            
          beneficiaries of decedent’s estate filed an action against Eckell,          
          Sparks.  The plaintiffs’ claims in that action included, among              
          others, a claim related to malpractice committed in handling                
          decedent’s affairs during her life and a claim for a return of              
          attorney’s fees of $247,500 paid by the estate for services                 
          rendered during the administration of the estate.  In April 2000,           
          the Court of Common Pleas of Chester County, Pennsylvania, Orphans’         
          Court Division (the Orphans’ Court) ordered Eckell, Sparks to               
          return the $247,500 of attorney’s fees paid by the estate.  In              
          early May 2000, the administrators pro tem., the Glovers, and               
          Eckell, Sparks entered into a settlement agreement, pursuant to             
          which Eckell, Sparks agreed to pay the administrators pro tem. and          
          the residuary beneficiaries $750,000 for the release of all their           
          claims against the law firm.                                                






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Last modified: May 25, 2011