- 2 - 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.Page: 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