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Similarly, for Federal tax purposes, Harlee reported generally
increasing amounts of ordinary income culminating in $163,121 for
its 1994 taxable year.
Steven Leichter worked for 13 years at Harlee until decedent
fired him in June 1994. Consequently, he was not involved with
Harlee for the approximately 12 to 15 months preceding his
parents’ deaths. Steven Leichter returned to Harlee shortly
after decedent’s death and assumed responsibility for the day-to-
day operations. Jeffrey Leichter resided in Detroit Lakes,
Minnesota, at the time of decedent’s death.
Jeffrey Leichter was nominated in decedent’s will to act as
her executor and, as such, was issued letters of special
administration on November 2, 1995. On the same date, the estate
filed a petition seeking to probate the March 21, 1995, will and
the October 16, 1995, First Codicil. In her First Codicil,
decedent disinherited her son, Steven Leichter. Consequently, a
dispute arose between the two sons concerning the distribution of
the estate. In particular the dispute concerned decedent’s
predeceased spouse’s estate and the First Restatement of the
January 12, 1991, Leichter Family Trust.
On March 6, 1996, a Settlement Agreement and Mutual Release
(Settlement Agreement) was filed with the probate court
reflecting that a settlement had been reached between Jeffrey and
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