Estate of Lillie Rosen, Deceased, Ilene Field and Herbert Silver, Co-Personal Representatives - Page 48

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          decedent had the potential to commit a tort, we do not find that            
          she had this concern when the LRFLP was formed.  Nor do we find             
          that tort liability was a motivation for forming the LRFLP or               
          that decedent’s daughter had discussed this issue with her                  
          husband or her brother.                                                     
               We also disagree with petitioners’ reasoning from a legal              
          point of view.  Petitioners assert that decedent’s creditors                
          could not satisfy judgments against her by foreclosing on her               
          interest in the LRFLP but could only attach distributions that              
          the LRFLP actually made to her.  By contrast, petitioners assert,           
          decedent’s creditors could satisfy judgments against her by                 
          foreclosing on the assets of the Lillie Investment Trust.                   
          Petitioners conclude from these assertions that the LRFLP offered           
          more creditor protection than offered by the Lillie Investment              
          Trust.  We are unpersuaded.  Whereas creditors can set aside                
          fraudulent transfers in both Florida and Illinois, see Fla. Stat.           
          Ann. sec. 726.108 (West 2000); 740 Ill. Comp. Stat. Ann.                    
          160/5(a)(1) (West 2002), we are unpersuaded on the facts at hand            
          that decedent’s creditors would not have been able to foreclose             
          on substantially all of decedent’s assets transferred to the                
          LRFLP.  See United States v. Engh, 330 F.3d 954 (7th Cir. 2003);            
          Friedman v. Heart Inst. of Port St. Lucie, Inc., 863 So. 2d 189             
          (Fla. 2003).  Nor are we persuaded that the transfer would                  
          withstand scrutiny in a bankruptcy court.  See, e.g., Movitz v.             






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