-17-
8. Decedent’s Use of the Residence
Funny Hats did not treat decedent in her capacity as a
tenant the same way that Funny Hats would have treated a tenant
who was a stranger. Decedent did not regularly pay her rent as
required by the lease agreements, she did not always pay the
amount of rent that was stated in the lease agreements, and she
often paid her rent later than the time required by the lease
agreements. Funny Hats never mailed decedent a notice demanding
that she pay her rent, nor did Funny Hats ever send to decedent a
notice of eviction. The donees knew that decedent would respect
the integrity of the residence, and they wanted her to live there
as long as she could.
The donees also wanted decedent to continue to use the
residence after its transfer to Funny Hats, as she had before its
transfer. Decedent always had the exclusive use and enjoyment of
the entire residence, and she always had the right to use the
entire residence. There were no lease agreements with anyone
other than decedent with respect to the residence, and no
individual had a right superior to that of decedent to use the
residence from January 1, 1994, through decedent’s death.
Decedent permitted the donees and their families and friends to
visit and stay at the residence rent free during various times
from January 1, 1994, through decedent’s death.
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