Estate of Albert Strangi, Deceased, Rosalie Gulig, Independent Executrix - Page 27

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          indicative.”  Mr. Gulig established the entities using Fortress             
          documents with little, if any, input from other family members.             
          The contributed property included the majority of decedent’s                
          assets in general and his investments, a prime concern of estate            
          planning, in particular.  Decedent was advanced in age and                  
          suffering from serious health conditions.  Furthermore, as                  
          discussed in Strangi I at 485-486, the purpose of the partnership           
          arrangement was not to provide a joint investment vehicle for the           
          management of decedent’s assets, but was consistent with                    
          testamentary intent.                                                        
               Moreover, the crucial characteristic is that virtually                 
          nothing beyond formal title changed in decedent’s relationship to           
          his assets.  Mr. Gulig managed decedent’s affairs both before and           
          after the transfer.  Decedent’s children did not obtain a                   
          meaningful economic stake in the property during decedent’s life.           
          They raised no objections or concerns when large sums were                  
          advanced for expenditures of decedent or his estate, thus                   
          implying an understanding that decedent’s access thereto would              
          not be restricted.                                                          
               In face of the foregoing realities, the estate argues that             
          whatever possession or enjoyment of the contributed property                
          decedent may have experienced was neither “retained” by means of            
          a contemporaneous agreement nor “with respect to the transferred            
          property”.  As regards the first point, the estate contends that            






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