Fleischman v. Fleischman

Richard Fleischman (Richard) appeals from an order requiring that a Totten trust recipient bear the trust's pro rata share of estate tax liability. He contends the trial court misconstrued the tax clause at issue. We affirm.

Victor F. Fleischman (Victor) died testate in 1987. In addition to property passing under the will, Victor's taxable ¿state included a $412,000 bank account established by Victor, naming himself as trustee for Richard. This account (hereinafter Totten trust) passed directly to Richard upon Victor's death. The co-executors of Victor's will could not agree whether estate…