Estate of Kwang Lee, Deceased, Anthony J. Frese, Executor - Page 4




                                         -4-                                          
          with the following survivorship provisions.  Article 9 of Ms.               
          Lee’s will states:  "Ninth:  For purposes of this Will, any                 
          person who shall die within six (6) months after my death shall             
          be deemed to have predeceased me”.  Conversely, decedent’s will             
          states:                                                                     
               NINTH:  A. For purposes of this Will, any person,                      
               other than my wife, who shall die within six (6)                       
               months after my death shall be deemed to have                          
               predeceased me.                                                        
               B. In the event that my wife shall die at the same                     
               time as I, or under circumstances such as to render it                 
               difficult or impossible to determine who died first, my                
               wife shall be deemed to have survived me.                              
          Decedent and Ms. Lee intended that Ms. Lee be deemed to have                
          survived decedent if decedent died within 6 months after the                
          death of Ms. Lee.                                                           
               The estates of decedent and Ms. Lee were administered as               
          though decedent had predeceased Ms. Lee.  The estate tax returns            
          were filed as if decedent died first, and a credit shelter trust            
          was established in decedent’s name with the residuary thereof               
          transferred to Ms. Lee as if she were still alive.  Decedent’s              
          estate’s tax return claimed the marital deduction as to the                 
          residuary purportedly transferred to Ms. Lee.                               
                                     Discussion                                       
          A.   Summary Judgment                                                       
               Summary judgment is intended to expedite litigation and                
          avoid unnecessary and expensive trials.  Fla. Peach Corp. v.                







Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: March 27, 2008