Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 21




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          agreement, yet no assets were transferred then; many transfers              
          occurred only 2 days before Mrs. Erickson died.  Although the               
          Partnership had separate accounts from its partners, the record             
          reflects that the partners were in no hurry to alter their                  
          relationship to their assets until decedent’s death was imminent.           
               The Partnership also had to provide the estate with funds to           
          meet its liabilities.  This fact is telling in two respects.                
          First, disbursing funds to the estate is tantamount to making               
          funds available to Mrs. Erickson (or the estate) if needed.                 
          Second, although the estate designated the funds disbursed to the           
          estate as a purchase of Mrs. Erickson’s home and a redemption of            
          units rather than a distribution, the estate received                       
          disbursements at a time that no other partners did.  These                  
          disbursements provide strong support that Mrs. Erickson (or the             
          estate) could use the assets if needed.                                     
               Finally, the Partnership had little practical effect during            
          Mrs. Erickson’s life, particularly because the Partnership was              
          not fully funded until days before she died.  Indeed, the                   
          Partnership was mainly an alternate method through which Mrs.               
          Erickson could provide for her heirs.  Karen, acting on behalf of           
          Mrs. Erickson, transferred substantial amounts of her partnership           
          interests in making the grandchildren’s gifts 2 days before she             
          died.  Moreover, Mrs. Erickson had been in declining health for             
          some time.  She was diagnosed with Alzheimer’s disease in March             







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Last modified: November 10, 2007