- 27 - 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 thatPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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