- 25 - Q: In fact, you were under a duty for –- Mr. Goldman was under a duty to pay the full amount of Ida’s expenses, right, under –- pursuant to Exhibit 11(j) [the decree]? A: Whatever her own personal assets did not cover, yes. Similarly, Mr. Goldman’s testimony echoes decedent’s retained right to all the FLP income. According to his testimony, money earned from leasing the properties that two of the three partnerships owned was collected into bank accounts solely controlled by Mr. Goldman. Ms. Cawley sent Mr. Goldman accountings “as to what was expended” for decedent’s maintenance and support on a monthly basis and therein indicated the month’s support “shortfall”; i.e., the extent to which her income from other sources was not sufficient to pay her expenses for that month. Mr. Goldman testified: “It was my responsibility to make up the shortfall” from the moneys earned by the FLPs. The partnerships shared equally in these “shortfalls”.26 Mr. Goldman testified that he had a fiduciary duty to ensure decedent maintained a “status quo” of support and comfort and that the decree “indicated to * * * [him] that that was a priority in the allocation of [partnership] funds.” He had discretionary power to pay out such sums from the partnerships he deemed necessary for decedent’s support and maintenance. He testified that after paying all decedent’s expenses, he paid the excess partnership 26Mr. Goldman sent Mr. Rubin a reimbursement request for one-third of the monthly “shortfall” which was to come from the RMA FLP.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011