Surviving spouse did not meet her burden of proving that full and fair disclosure of assets was not made in the schedules included in the prenuptial agreement, and her testimony that she did not see the entire agreement before signing … Continue reading
Category Archives: Opinions
On an appeal from an order of the Department of Revenue Board of Appeals, the court reversed the decision of the board and found that the funds in the revocable trust of the decedent were for the “sole use” of … Continue reading
In allocating a settlement for improper distributions from a trust between income and principal, the court determined the amount of income that would have been earned by the trust by looking at the income earned by a similar trust created … Continue reading
Daughter’s request for reimbursement for legal fees and costs incurred in guardianship proceedings for her incapacitated father was denied because the daughter did not create new funds for her father or “provide a similar special service,” and an incapacitated person’s … Continue reading
Will provided for the residue to pass in equal shares to the two grandchildren and, if a grandchild was under the age of 25, his or her share was to be held in trust until age 25 or, if incapacitated, … Continue reading
An allegation that the decedent wanted to “discuss” adding the plaintiffs to his will or making gifts to them is not sufficient to state a cause of action for intentional interference with an inheritance, and there is no cause of … Continue reading
It is proper for a court to enforce a prior settlement order against an insurance company for a wrongful death and survival action, even though the settlement amount exceeds the policy limits, when the initial release was prepared by the … Continue reading
Although the trustee had the discretion to deny requested withdrawals by the beneficiary if in the opinion of the trustee the beneficiary is suffering from a disability that renders him unable to manage his own affairs, the trustee failed to … Continue reading
There was evidence of donative intent by the decedent to give her former son-in-law $500,000, but not $1,000,000, so the transfer of $1,000,000 by the decedent was a partial gift, but the gift was invalid because of the presumption of … Continue reading
In a challenge to the validity of a deed executed seven months before the death of the decedent, the petitioner did not provide clear and convincing evidence of lack of capacity or weakened intellect when witnesses provided conflicting accounts of … Continue reading