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did decedent need permission from his children in order to have
guests at decedent’s residence or to redecorate it. At no time
during decedent’s life did any of decedent’s children use or
occupy decedent’s residence or pay any of the monthly expenses
with respect to that residence. None of decedent’s children
attempted to sell his or her purported interest in decedent’s
residence before decedent died. After decedent died, decedent’s
children sold that residence.
On August 17, 1998, decedent executed a last will and
testament (decedent’s will). Decedent’s will provided in perti-
nent part:
ITEM I
I direct my Personal Representative, hereinafter
named, to pay the expenses of my last illness and
funeral as soon after my death as may be practicable in
such amount as he may deem proper, and without regard
to any limitation in the applicable local law as to the
amount of such expenses.
ITEM II
I direct that all inheritance, estate, legacy or
other taxes which may be imposed with respect to my
estate, whether or not passing under this will, shall
be paid out of my residuary estate.
ITEM III
All the rest, residue and remainder of my estate,
of whatsoever kind and wheresoever situate, I give,
6(...continued)
residence. Thus, decedent made no mortgage loan payments with
respect to that residence during the period Nov. 5, 1997, until
the date of his death.
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