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Prior to the above September 9, 1998, transfers to his
daughters, Richard’s ownership interests in the farm acreage and
in the residence acreage constituted substantially all of
Richard’s assets.
On September 9, 1998, Richard’s attorney sent a fax to
Marilou’s attorney explaining that the deed and the transfer of
the residence acreage occurred “for the purpose of getting the
land out of Richard’s name” and that “He has good reasons and
this will provide protection for Marilou’s interest.”
Also, on September 9, 1998, Richard’s attorney told Marilou
that Richard needed to get the parcels out of Richard’s name
because Richard was in trouble with “the IRS”.
In a letter dated September 11, 1998, Richard’s attorney
explained that Richard had executed the ineffective July 20,
1998, quitclaim deeds, see supra note 4, “primarily to protect
the title to and alienability of the property”, that, if Carrie,
Tracy, and Deborah were to deed the farm acreage and the
residence acreage back to Richard, “the consequence * * * would
be to give another tenacious creditor control over the property,”
and that “Richard’s intentions may have been antagonistic to that
other creditor, but they were not vis-a-vis Marilou”.
During 1998, Tracy and Deborah lived in California, and they
apparently were not aware of the various deeds and transfers that
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