Estate of Concetta H. Rector, Deceased, John M. Rector, II, Co-Executor and Co-Trustee - Page 19




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          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’s             






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