Intervention and Consolidation for Related Trusts

Son was allowed to intervene in litigation which his deceased father had begun over the validity of a trust allegedly created by the father, even though the son’s interests as a beneficiary under his father’s will were protected by the administrator of his father’s estate, when there was also a dispute about whether assets of his mother’s trust had been improperly transferred to his father’s trust.  Because of the overlap of factual issues between the two trusts, the trials over the father’s trust and mother’s trust were consolidated.  Summary judgment on the issue of the validity of the father’s trust was denied because of factual issues surrounding the alleged execution of the trust, and summary judgment was also denied on whether the property transferred to the father’s trust would revert to joint tenancy with the daughter if the trust were found to be voidable.  Altemose Trusts, 8 Fid.Rep.3d 119 (Monroe Co. O.C. 2018).

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