Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 26




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          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.                            





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Last modified: May 25, 2011