Estate of Anna Mirowski, Deceased, Ginat W. Mirowski and Ariella Rosengard, Personal Representatives - Page 73




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          license agreement that she expected MFV to receive, and                     
          (3) borrowed against (a) the personal assets that she retained              
          and did not transfer to MFV and (b) her 52-percent interest in              
          MFV,65 see Md. Code Ann., Corps. & Assns. sec. 4A-602 (West                 
          2008); Md. Code Ann., Com. Law sec. 1-201(37) (West 2008).                  
               In addition, as also discussed above, we have found that at            
          no time before September 10, 2001, when Ms. Mirowski’s condition            
          unexpectedly deteriorated significantly, did Ms. Mirowski, her              
          daughters, or her physicians expect her to die and that conse-              
          quently at no time did Ms. Mirowski and her daughters discuss or            
          anticipate the estate tax and similar transfer taxes and the                
          other estate obligations that would arise only as a result of Ms.           
          Mirowski’s death.66                                                         
               In 2002, after Ms. Mirowski died, MFV distributed over $36             
          million to decedent’s estate in order for the estate to pay                 
          Federal and State transfer taxes, legal fees, and other estate              
          obligations.  At the time in 2002 when MFV made those distribu-             
          tions to decedent’s estate, MFV’s members (i.e., the daughters’             
          trusts),67 through their respective trustees (i.e., Ms.                     


               65See supra note 48.                                                   
               66As discussed supra note 49, the estate tax that would                
          arise only as a result of Ms. Mirowski’s death would not have               
          been the obligation of Ms. Mirowski.                                        
               67The daughters’ trusts were the remaining members of MFV              
          after Ms. Mirowski’s death.                                                 






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