- 29 - F. Supp. 944 (E.D. Pa. 1955). The contingent nature of a claim bears on the question of the value of the claim, not on its includability in a decedent’s gross estate. Estate of Curry v. Commissioner, supra at 546. Claims arising from events occurring after a decedent’s death, (1) are those of the estate, (2) have not passed to the estate from the decedent, and consequently, (3) are not included in the decedent’s gross estate. Conn. Bank & Trust Co. v. United States, 465 F.2d 760 (2d Cir. 1972) (property interest arising after the decedent’s death is not property owned at death and not part of the gross estate under section 2033); Mandel v. Sturr, 266 F.2d 321 (2d Cir. 1959). In the case at hand, the malpractice action against Eckell, Sparks that related to the law firm’s handling of decedent’s affairs during her life is an interest that decedent possessed as of the date of her death. However, that part of the malpractice action relating to the return of the fees paid by the estate to Eckell, Sparks during Ms. Hurley’s administration of the estate is not an interest that decedent possessed on the date of her death because it arose from events occurring and for services rendered after decedent’s death. Any claim for such wrongdoings belongs to the estate. Similarly, the value of any claim by the Glovers against Eckell, Sparks is not included in decedent’s gross estatePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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