Bandy v. Clancy

The well-known author Thomas Clancy (Decedent) died in 2013. Decedent was survived by his second wife (Mrs. Clancy), a minor child by that marriage, and four adult children from Decedent’s first marriage. Decedent left a will and various amendments. At issue in this case was which beneficiaries, if any, were obligated to pay a portion or all of federal estate taxes. Mrs. Clancy petitioned in the Orphans’ Court for a declaratory judgment in which she sought a determination that a Family Trust was not obligated to pay any estate taxes. The Orphans Court concluded that Decedent’s predominant intent was that the Family Trust be free of any federal estate tax liability. The Court of Appeals affirmed, holding that the property conveyed in the Family Trust as identified in Decedent’s will and second codicil could not be burdened by the payment of federal estate taxes. View "Bandy v. Clancy" on Justia Law