Estate of Frances C. Glover, a.k.a. Frances C. Cloud, Deceased, Kevin Holleran and Wilmington Trust Co., Administrators Pro Tem - Page 33




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          estate.  Were we not to make this allocation, decedent’s gross              
          estate would be increased by the repaid fees, which in essence              
          would cause the $247,500 to be taxed twice.11                               
               2.   Amount Distributed to Glovers Under Plaintiffs’ Agreement         
               We now turn our attention to whether any part of the $750,000          
          settlement should be allocated to the Glovers’ claim, which would           
          have the effect of reducing decedent’s interest in the malpractice          
          claim.                                                                      
               The only claim made in the lawsuit that relates specifically           
          to the Glovers (rather than to Eckell, Sparks’s malpractice in the          
          preparation of the will or in connection with the administration of         
          the estate) is count II.  In count II, the plaintiffs claimed that          
          Eckell, Sparks was liable for $340,270, together with interest and          
          costs for attorney’s fees incurred by the Glovers in contesting             
          decedent’s will.  The trial court dismissed this claim, with                
          prejudice, finding that the Glovers lacked standing to assert the           
          claim.  The court additionally found that the claim could not be            
          asserted separately but rather was a component of the damages               
          resulting from the malpractice, if any, committed by Eckell, Sparks         
          in preparing the will.  (Damages resulting in the malpractice, if           
          any, committed by Eckell, Sparks in preparing decedent’s will               


               11   Decedent’s estate agrees that attorney’s fees of                  
          $247,500 paid to Eckell, Sparks that the Orphans’ Court ordered             
          be returned to the estate are not deductible as administrative              
          expenses under sec. 2053(a)(2).                                             





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Last modified: May 25, 2011