-27- Partnership. The need to manage Mrs. Erickson’s assets existed early. Karen had been assisting her mother for years with her financial affairs. Despite the need to assist Mrs. Erickson, the partners did not immediately fund the Partnership when they executed the partnership agreement. Meanwhile, Mrs. Erickson’s health continued to decline. It was only after Mrs. Erickson had been admitted to the hospital with pneumonia, two days before she died, that the partners finally completed their transfers. While we acknowledge that a few months’ delay is not a long time in absolute terms, the months’ delay here was significant as it came as Mrs. Erickson’s health was declining and ultimately resulted in the family members’ finalizing the transfers to the Partnership while Mrs. Erickson was dying in the hospital. The haste with which they were able to transfer the assets shortly before Mrs. Erickson died belies the estate’s argument that the parties needed time to transfer their assets and the delay was out of the partners’ control. Despite Mrs. Erickson being an octogenarian in declining medical health, the parties waited until the prospect of her death loomed to finish the transaction and make sure the partnership affairs were in order. The estate was financially dependent on the Partnership and needed approximately $200,000 to help pay its liabilities. We are unpersuaded by the estate’s arguments that Mrs. Erickson’s death was unforeseen and a decline in the stock market caused herPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 NextLast modified: November 10, 2007