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
Tag Archives: Unjust enrichment
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
A health care worker’s claim for services to the decedent was properly dismissed by summary judgment when the plaintiff admitted that there was no express contract for services and the history of payments by the decedent and the decedent’s agent … 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 an action to set aside a deed allegedly obtained by undue influence, plaintiff’s testimony that she and the defendant were friends and she trusted him, and that she was “weak in bode and mind” following the death of her … Continue reading
Decedent lived with neighbors due to health issues, and they cared for him, but claims for the value of the neighbors’ services were denied as requiring speculation as to the intent of the decedent, the time spent by the neighbors, … Continue reading
Action against lawyer to decedent and charitable beneficiary of estate was dismissed because lawyer did not have conflict of interest merely because the lawyer’s partner has represented the charity in other matters and charity was not unjustly enriched. Estate of Kasych … Continue reading