Estate of Malik v. Lashkariya

Arshad Malik (decedent) died testate in 1995. His estate was opened by plaintiff Sohail Khan, his executor. The first provision of decedent’s will provided: “If my estate is subject to any taxes, Federal Estate Tax or any inheritance tax, all taxes shall be paid by my estate.” Decedent’s fiancée, Zarka Khan, also known as Afshan Khan, was named as the sole beneficiary of his estate. Other persons, including defendant Jafar Lashkariya, received nonprobate assets. The estate filed an amended petition in the probate court to apportion taxes between the estate and the recipients of nonprobate…