Based upon a copy of a will alleged to have been signed before the will that was probated, the petitioners attempted to claim the proceeds of sale of real property in Turkey that was sold by the guardian of the … Continue reading
Tag Archives: Constructive trust
It was a breach of trust for the trustee of a testamentary trust to transfer a residence to the beneficiary of a testamentary trust when the beneficiary was only entitled to use the property during her lifetime. Because the beneficiary … Continue reading
A mother’s intention to provide additional life insurance benefits for her three daughters and not her son, who was to inherit a valuable business, failed when the additional insurance was purchased through an existing trust for the benefit of the … Continue reading
The issuance of two checks by the decedent payable to himself and endorsed in blank was insufficient to establish gifts to the depositor of the checks when there was no evidence of the relationship between the decedent and the depositor, … Continue reading
Real properties were transferred from parent to two children (some of the properties passing by disclaimers) in order to avoid environmental claims, with an oral promise to retransfer to the parent upon his request. After the children failed to retransfer … Continue reading
As a co-agent with her husband, a wife had a duty to the principal to act on her knowledge of her husband’s actions to protect the principal from theft and fraud by the husband as co-agent, and is therefore jointly … Continue reading
When decedent deeded property to one of his four children, and there was no credible evidence of any promise or expectation that the property would be reconveyed back to the decedent, the property was not subject to a constructive trust … Continue reading