Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 29




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          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 estate           








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