- 2 - contending that decedent was deprived of equal protection, argues that it should have no estate tax liability.1 The issue remaining for our consideration is whether imposition of the estate tax liability is a deprivation of equal protection under the law in violation of the United States Constitution. Under the circumstances of this case, we are unable to hold that there was a deprivation of equal protection. FINDINGS OF FACT2 Earl and Mildred Koester, who at all pertinent times were married, owned farmland in Waseca County, Minnesota. Mr. Koester did not attend school beyond the eighth grade. Mrs. Koester completed high school. When the Koesters drafted their wills, they did so with advice from an attorney. Mrs. Koester died August 11, 1988. The total value of her estate was $201,101.93. Her estate included real estate interests in the Koester homestead and an undivided one-half interest in a 120-acre parcel of land. With the exception of certain cash bequests to her grandchildren, Mrs. Koester, in her will, bequeathed her property to Mr. Koester. As her estate did 1 The estate also claimed that the Koesters’ lack of advanced education resulted in their inability to hire a competent attorney to devise their wills. 2Some facts have been stipulated pursuant to Rule 91 and are herein incorporated by reference.Page: Previous 1 2 3 4 Next
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