- 26 - of all claims asserted against Eckell, Sparks. Accepting the parties’ agreed $750,000 starting gross valuation for the claims, we are asked by the parties to determine whether any portion of the $750,000 starting point valuation is to be allocated to interests that decedent did not possess at the date of her death. Specifically, we decide whether any part of the $750,000 should be allocated to the value of (1) the estate’s claim for the return of the $247,50010 of legal fees paid by decedent’s estate for services rendered in connection with the administration of decedent’s estate and/or (2) claims of the residuary beneficiaries for malpractice; and if so, the amount thereof. We must further decide whether payments made by decedent’s estate to attorneys representing the Glovers, as the residuary beneficiaries, and any possible future payment by the estate to Mr. Glover for his efforts in discovering the misappropriation of decedent’s assets by Ms. Hurley and Mr. Ross are deductible either as administrative expenses pursuant to section 2053(a)(2) or as claims against the estate pursuant to section 2053(a)(3). 10 We use the $247,500 amount because, as indicated supra note 2, the actual amount of fees paid and ordered returned to the estate was $247,500. Additionally, this greater amount is the amount used by both parties in their briefs.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011