HomeMy WebLinkAbout1771II. PETITION AND MOTION TO DETERMINE THE TIME AND MANNER
OF MAKING FINAL AND/OR PARTIAL DISTRIBt1PIONS AND FINAL
DISCHARGE '
OOMES NOW, the undersigned as Personal Representative/Admin-
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istrator of the Estate of PERRY CARLTON, Deceased, and Petitions and
moves this Court to determine the time and manner of making final and/or
partial distributions and final discharge and alleges the following:
1. That subsequent to the hearing before this Court on Decem-
ber 29, 1980, the Personal Representative/Administrator learned that
there may be tax advantages in not making final distribution to the heirs-
at-law of the Decedent until on or about August, 1981.
2. That such tax advantage is set forth in EXHIBIT "B" which
is attached hereto, incorporated herein and made a part hereof.
3. That EXSIBIT "8" also sets forth a possible tax advantage
to ~he heirs if Final Accounting and Discharge is made prior to the end
of the Estate's fiscal year.
4. That the Personal Representative alleges that if this Court
determines that Final Distribution should not be made until after the
end of the Estate's fiscal year that this Court should order one or more
partial distributions of the assets of the estate in that the Personal
Representative/Administrator alleges that in such case one or more nartial
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distributions would be in~the best interest of the estate and of the
heirs; and that one or more partial distributions should be made since
not to do so would cause an unnecessary hardship bn the majority of the
heirs-at-law of PERRY CARLTON, Deceased.
5. That the Personal Representative/Administrator has incurred
additional costs, expenses, expert witness fees, fees and attorney fees
in bringing this matter to be heard before the Court and that additional
fees, expert witness fees, costs, expenses and attorney fees may be in-
curred in complying with this Court's Order on this matter.
WHEREFORE, the Personal Representative/Administrator prays for
this Court to determine the time and manner of makiag final and/or
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