- 19 - effected as of October 31, 2000, when decedent died.4 Furthermore, this construction of the legally determinative settlement agreement is corroborated by the documentation contained in the record with respect to the Allstate and Safeco annuity contracts. Both contracts reflect decedent’s estate as the beneficiary, and there is no evidence that any amending change of beneficiary had been made at the time of her death. Given the foregoing, the Court will analyze inclusion of the annuities under the rubric of section 2033. The critical inquiry thus becomes whether, and to what extent, decedent held a 4 The examiner who audited the estate tax return testified at trial that the estate represented at some point that the annuities were payable to a trust created after the date of death. The estate never challenged that assertion. The estate then, and only on reply brief, twice referenced trusts. The first mention is set forth below: While the funds were to provide care to the decedent during her lifetime, the ultimate disposition of those funds were [sic] not controlled by the decedent’s estate, but by her parents through their powers of attorney. Indeed, these powers were exercised to transfer the remaining annuity payments to trusts established by the parents, consistent with the control powers given to them under the Agreement. [Emphasis added.] Second, in the context of explaining why the initial probate inventory included the value of the annuities while later inventories did not, the estate commented that “the annuities were never paid to or a part of decedent’s probate estate, but instead were transferred to trusts created by the parents.” These remarks, when taken in the contexts presented, support an inference that any redirection of annuity payments to a trust or trusts took place subsequent to decedent’s death. The estate does not otherwise mention a trust or trusts or base any specific argument on the existence of such an entity.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011