In Re Estate of Eriksen

The appellant, T. Richard Eriksen, a residuary devisee, purchased a family farm under an option in the will of his deceased uncle Leonard G. Eriksen (Leonard). After purchase, Eriksen allowed Leonard’s estate to make elections under the federal tax code, I.R.C. §§ 2032A and 2057 (2000 & Supp. Ill 2003), resulting in a tax refund to the estate. The election imposes on Eriksen both responsibilities and potential liabilities. Eriksen sought to be paid the tax savings under Neb. Rev. Stat. § 77-2108 (Reissue 2003), which provides for apportionment of federal estate taxes, and appellees Pat…