Decedent David owned a valuable painting, which was kept in storage during his life. After his death,
Question:
Decedent David owned a valuable painting, which was kept in storage during his life. After his death, David’s son Sam claims that David gave him the painting ten years prior to his death, although the gift was never documented. The executor of David's estate applies to the probate court for an order determining ownership of the painting, and the court issues an order determining that Sam is the owner. Did David have an “interest” in the painting at his death for purposes of § 2033? In determining your answer, consider the following: What if Sam was the executor and sole beneficiary of the estate? What if Sam was not the executor, and shared the estate with five siblings with whom he did not get along?
Andersons Business Law and the Legal Environment
ISBN: 978-0324786668
21st Edition
Authors: David p. twomey, Marianne moody Jennings