- 4 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011