- 19 - transferred assets by virtue of her ability to control those assets, including the management and disposition thereof. Initially, as the direct general partner of RLP, decedent was given the right by the RLP partnership agreement to cause a distribution of RLP’s net cashflow to RLP’s partners in proportion to their partnership interests, and she was given the power “to do anything reasonably connected” with RLP’s assets. Later, as an indirect (through the 1991 revocable trust) general partner of RLP, decedent continued to retain that right and power directly in that she was a cotrustee of the 1991 revocable trust and, most importantly, she had the absolute power to revoke the trust as if it had never been created in the first place. Thus, at all relevant times, decedent held both a majority interest in RLP and the powers incident to serving as RLP’s general partner. We also find as a fact that decedent and her sons agreed impliedly that the transferred assets and the income earned therefrom would continue to be used for decedent’s pecuniary benefit. The transfer of practically all of decedent’s wealth to RLP left decedent with insufficient liquid assets with which to pay her living expenses. The estate asserts that decedent’s assets were sufficient because Trust B had a corpus of $2.5 million at the time of the transfer and decedent’s sons, as cotrustees, could distribute Trust B’s corpus to pay decedent’sPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008