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would be fair and you would make sure that everyone got their
fair share.” Phyllis was a big part of petitioners’ family’s
lives, and Phyllis and Julie had a very close relationship.
Because of their close personal relationship, Julie understood
Phyllis intended the “retirement plan or whatever you call it” to
benefit Phyllis’s children. At that time, Julie told Mark about
Phyllis’s intent with respect to the annuity.
At the time of her death, Phyllis also had a last will and
testament, which she executed on November 19, 1991. At that
time, Phyllis and Mark met with an attorney to draft her will.
In the will, Phyllis appointed Mark as the executor, and she
bequeathed her estate equally among her children.
In addition to her will, Phyllis executed a declaration of
trust for the Phyllis D. Filer Revocable 1991 Trust (1991 Trust)
on November 19, 1991. In the 1991 Trust, Phyllis directed that
upon her death, the trust corpus be distributed equally among the
children.
After Phyllis’s death and under the terms of the annuity,
Julie became the successor owner of the annuity effective
November 30, 2000.
Around January 2001, Mark, on Julie’s behalf, contacted
Anchor about the annuity. After Mark sent Anchor the death
certificate, Anchor sent a certified check for $27,641 payable to
Julie, individually, representing the lump-sum cash surrender
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