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indicated that the University property had approximately
$1.5 million in equity. Hillgren represented in the BLA and
during trial, however, that the University property was
“underwater” because the debt exceeded the equity at the time
that Hillgren and decedent entered into the BLA.
5. Conclusion
The estate claims that decedent was “in excellent physical
health, on new antidepressant medication, and not contemplating
suicide” and that, therefore, the partnership was not an
alternate testamentary vehicle. The evidence contradicts this
claim. Shortly before her death, decedent attempted suicide, was
on various medications, was under the care of a psychiatrist, and
suffered from severe pain due to degenerative disc disease.
After her initial suicide attempt, LKHP was formed.
Decedent and Hillgren started many businesses over the years
and disregarded entities as they saw fit, making various
“situational representations”, i.e., statements about their
property ownership and values to support a then existing purpose,
without regard to accuracy. Even the stipulated facts contain
inconsistencies regarding entity names and dates of creation and
dissolution. The stipulations of the parties were often
contradicted by the documents that were provided by Hillgren.
Hillgren and the estate’s representatives continued to disregard
the LKHP agreement both prior to and after decedent’s death.
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