Estate of Hilde E. Erickson, Deceased, Donor, Karen E. Lange, Personal Representative - Page 26




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          assets intended to assist Mrs. Erickson’s tax planning and                  
          benefit the family.                                                         
               While Karen and Sigrid discussed the Partnership before it             
          was formed, the circumstances suggest that the Partnership was              
          essentially formed unilaterally, with Karen controlling the                 
          transaction.  Sigrid admitted at trial that she did not                     
          understand the particulars of the transaction, nor is there any             
          credible evidence that Mrs. Erickson understood the transaction.            
          Karen was on every side of the transaction.  She acted as                   
          attorney-in-fact for her mother, she was the personal                       
          representative of her mother’s estate, she was both a general               
          partner and a limited partner in the Partnership in her                     
          individual capacity, and she was a co-trustee of the credit                 
          trust, which was also a partner in the Partnership.  Moreover,              
          the same law firm represented all parties to the transaction.               
          While retaining counsel to assist in an important transaction is            
          entirely appropriate, the fact that no family member was                    
          represented by different counsel also suggests a unilateral                 
          approach to the transaction.6                                               
               Another key fact indicating that no significant nontax                 
          purpose existed was the delay in contributing assets to the                 

               6Sigrid’s informal mention of the arrangement to an attorney           
          friend is not probative.  Sigrid admitted that their discussion             
          was informal and that she never signed an engagement letter.                
          Sigrid’s own testimony indicates that Sigrid’s friend was not               
          acting as Sigrid’s attorney in the formation of the Partnership.            





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