Estate of Rose B. Posner, Deceased, David B. Posner, Personal Representative - Page 4

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               The parties have stipulated that Mr. Posner’s will included            
          none of the substantive dispositions, such as for income                    
          beneficiaries, remaindermen, and powers of appointment, normally            
          found in a document establishing a testamentary trust.                      
               In 1976, Mr. Posner’s estate filed a Federal estate tax                
          return, attaching thereto a copy of Mr. Posner’s will.  On that             
          return, Mr. Posner’s estate claimed a marital deduction with                
          respect to the marital trust property.  Respondent audited this             
          estate tax return and allowed the claimed marital deduction.                
          Decedent’s Will                                                             
               Before her death, decedent and her two daughters (the                  
          daughters) had a falling out.  In her will, dated January 3,                
          1996, decedent effectively disinherited the daughters, leaving              
          most of her estate to her son David, his family, and three                  
          charities.2  In her will, decedent directed the marital trust               
          property, valued at approximately $5 million, to be paid into a             
          revocable trust (the revocable trust).  To one daughter decedent            
          left $100; to the other daughter she left only a photograph.  The           
          daughters unsuccessfully challenged the will’s validity.3                   

               2 After her death, decedent’s son, David B. Posner (David)             
          was appointed personal representative of her estate.  David was             
          not a personal representative of Mr. Posner’s estate.                       
               3 In the Circuit Court for Baltimore County, Md. (Baltimore            
          County circuit court), the daughters attempted to have decedent’s           
          will and revocable trust declared invalid, alleging fraud, undue            
          influence, and tortious interference by their brother, David.               
                                                             (continued...)           





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