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account, and various dividends and accrued interest payments with
respect to the assets mentioned in (3) above, the cumulative net
value of which was in excess of $3,800,000. Sidney Gore’s estate
claimed a marital deduction of $4,411,359 on Form 706 for the
property distributed to decedent and the Marital Fund. The Form
706 reported a taxable estate of $642,411.12
On October 8, 1997, the district court issued an Order
Allowing Final Account, Determination of Heirship and Final
Decree of Distribution in the Estate of Sidney Gore. This order
authorized the distribution of GRDA bond No. 1, GRDA bond No. 5,
and any other property not otherwise mentioned or distributed to
Ms. Powell as successor trustee of the Sidney Gore Trust.13
Modification of Decedent’s Estate Plan
On December 23, 1996, decedent executed a Uniform Durable
Power of Attorney in which she designated Ms. Powell her
12The Form 706 for the Estate of Sidney Gore is the only
documentary evidence in the record as to whether the assets
enumerated in the Order of Partial Distribution dated Dec. 30,
1996, were distributed to the Sidney Gore Trust, or that the
Marital Fund, in fact, was funded.
13The record does not disclose why both the Dec. 30, 1996,
order and the final order of Oct. 8, 1997, authorized the
distribution of GRDA bond No. 1 and why neither order
specifically authorized the distribution of GRDA bond No. 4, if
it existed, and GRDA bond No. 6. We shall assume, for purposes
of this opinion, that the reference to “any other real or
personal property not inventoried and appraised in this estate
and not referred to herein” in the final order of Oct. 8, 1997,
operated to authorize the distribution of GRDA bonds Nos. 4 and
6.
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