158 results for 'cat:"Trusts"'.
Per curiam, the appeals court finds the trial court erred in its decision in a dispute between the Delaware attorney general and the trustees over distribution of funds earmarked for charity in the last will and testament of Alfred I. duPont, a wealthy businessman and member of the duPont family connected to the prominent chemical company. The trial court incorrectly determined that the Delaware attorney general lacked standing to bring a breach of contract claim alleging, in part, that funds from the trust were unlawfully diverted from their intended purpose of prioritizing charitable payments in the state of Delaware. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 31, 2024, Case #: 23-0064, Categories: trusts, Wills / Probate
J. Lui holds that the trial court erred in finding that a trust's no contest clause was unenforceable as to assets held in a residual trust that lacked a no contest clause. An heir's direct contest of the original trust without probable cause triggered her disinheritance from the original trust and from the residual trust. The trustors intended for the no contest clause to apply to any beneficiary who challenged any interest given under the trust, including assets distributed through the residual trust. Reversed.
Court: California Courts Of Appeal, Judge: Lui, Filed On: May 28, 2024, Case #: B322246, Categories: trusts, Wills / Probate
J. Massing dismisses a widow’s appeal of the denial of her motion for partial summary judgment against her late husband’s brother, who allegedly exerted undue influence over the decedent’s mother, preventing the decedent and his widow’s children from receiving funds from an irrevocable trust. “[M]anufacturing a temporary final judgment by dismissing open claims without prejudice runs contrary to the long-standing policy against piecemeal appellate review and is ineffective to create appellate jurisdiction.” Affirmed.
Court: Massachusetts Court Of Appeals, Judge: Massing, Filed On: May 28, 2024, Case #: 23-P-357, Categories: Administrative Law, Civil Procedure, trusts
J. Snowden finds a lower court properly dismissed a trustee's motion for account of profits against a civil engineer company. The trustee argued that a co-trustee, now deceased, violated fiduciary duty by granting unauthorized, unsecured loans to the civil engineer company, which entitles her to view books and records. However, the civil engineer company sufficiently showed in court that the co-trustee granted loans as part of a up and coming joint venture, which would have benefitted the trust. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Snowden, Filed On: May 24, 2024, Case #: CA-2023-1581, Categories: trusts, Fiduciary Duty, Contract
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J. Scales finds the probate court improperly entered an order that does not require the trust to prioritize paying back the health care agency for $50,281 in payments made under a Medicaid program to the family that adopted the special needs child. The trial court should not have allowed the trustees to terminate the trust and distribute its funds, such as those from a wrongful death settlement, without honoring the trust's "payback" provision mandating payments to the agency upon termination of the trust. The case is remanded for the trial court to conduct proceedings to enforce the provision. Reversed.
Court: Florida Courts Of Appeal, Judge: Scales, Filed On: May 22, 2024, Case #: 23-0552, Categories: Medicaid, trusts, Wills / Probate
J. Morris grants the trust fund trustee’s petition for writ of prohibition and quashes an order appointing division of inspector general. The trial court lacked jurisdiction to enter its sua sponte order.
Court: Florida Courts Of Appeal, Judge: Morris, Filed On: May 17, 2024, Case #: 2D2023-2436, Categories: trusts
J. Wilson finds that the trial court correctly found in favor of the children, who claim that their father's wife breached her fiduciary duties by unfairly changing his will to make her sole income and principal beneficiary of all assets belonging to the trust. The children presented medical evidence that their father's dementia left him vulnerable to undue influence, all witnesses confirmed that the father had a history of providing for his children, the original trust document left his children and grandchildren assets but the amended document left it all to his wife, and the testimony of the wife and her daughter contradicting the other evidence lacked credibility. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wilson, Filed On: May 15, 2024, Case #: CA-23-773, Categories: trusts, Wills / Probate, Fiduciary Duty
J. Molaison finds that the trial court properly found for the surviving daughter on the decedent's granddaughters' claim that the daughter, their aunt, should not have been transferred trust assets and had a duty to provide an accounting to them on those assets. In this case, the decedent designated her two daughters as initial principal beneficiaries, entitled to the remainder of the principal in the trust upon her death, with the trust providing "if a principal beneficiary predeceases a Settlor, the principal beneficiary’s interest shall vest in the surviving principal beneficiary, or if there is no surviving principal beneficiary, in the surviving descendants of Settlor.” The deceased daughter, who was the mother of the grandchildren, died before the decedent. Under the trust, the decedent was the income beneficiary of the trust when her daughter died, shifting the principal beneficiary interest to the surviving daughter. The decedent's inter vivos donation conditioned on the beneficiary surviving her is permissible and is not a prohibited substitute under the Trust Code. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Molaison, Filed On: May 15, 2024, Case #: 23-CA-251, Categories: Family Law, trusts
J. Alley finds a lower court partially erred in a lawsuit brought by the son of a deceased woman to determine whether he or his sister was the trustee of her trusts. The lower court was right to deny the son’s efforts to extend discovery because rules allowing for the extension are “designed to protect the adverse party’s right to conduct more discovery” rather than those who file. Nonetheless, contrary to the lower court’s findings, the son has in fact raised a genuine factual question over whether his sister resigned from her role as trustee. Reversed in part.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: May 14, 2024, Case #: 08-23-00104-CV, Categories: trusts, Wills / Probate
J. Boyd finds that the court of appeals improperly ruled in a trust case arising out of a suit filed by a brother against his sister, who allegedly unlawfully transferred funds from a family trust to herself and then to her two sons. After the probate court ruled the transfer void, the court of appeals vacated the case for lack of jurisdiction, citing that the sons are the appropriate parties of the case because they are now the owners of the stocks. On the issue of jurisdiction, the court of appeals incorrectly found that the probate court did not have the authority to rule on the case without the sons being included. Reversed.
Court: Texas Supreme Court, Judge: Boyd, Filed On: May 10, 2024, Case #: 22-0674, Categories: Civil Procedure, trusts, Wills / Probate
J. Cassel finds the county court properly found the inheritance taxes were correctly paid by the trust. The decedent's girlfriend was bequeathed a house and his children sued, contesting the trust paid their $710 in taxes, as well as the girlfriend's $94,627. The trust’s language provided clear direction that inheritance taxes be paid by the trust, rather than by the individual beneficiaries. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: May 10, 2024, Case #: S-23-472, Categories: Tax, trusts, Wills / Probate
J. Jones finds the lower court erroneously granted the first wife's motion to transfer her a piece of real estate from the trust after the trustee's death. The court failed to determine whether notice in writing was the only method the second wife could use to properly revoke the original trust and implement an updated trust that named her as beneficiary. Therefore, the case will be remanded to determine whether a "writing" is the exclusive notice method for termination of the trust. Reversed.
Court: Colorado Court Of Appeals, Judge: Jones, Filed On: May 9, 2024, Case #: 2024COA51, Categories: Real Estate, trusts, Wills / Probate
J. Dick grants summary judgment to an insurer, dismissing breach of duty allegations by the estate and family trust of a deceased doctor that allegedly resulted in her cousin being declared the sole beneficiary of the physician’s life insurance policy. The counterclaimants concede the insurer provided the doctor with a change of beneficiary form upon her request, but she never submitted the form. They also concede her cousin was named a contingent beneficiary on the policy.
Court: USDC Middle District of Louisiana, Judge: Dick, Filed On: May 3, 2024, Case #: 3:21cv469, NOS: Insurance - Contract, Categories: Civil Procedure, Insurance, trusts
J. Miller-Lerman finds the county court properly granted summary judgment against the daughter and heir. The heir from the late-mother’s trust provision bequeathing $5 million to each of her children says she has not received the full amount. Gifts the daughter had received during her mother's lifetime were not intended to be separate from the "countable assets" bequests made in the trust instruments, and they reduce the amount received under the provision. Affirmed.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: May 3, 2024, Case #: S-23-354, Categories: trusts, Wills / Probate
J. Egan finds the trial court properly dismissed a trustee's claim that mine owners breached an agreement to sell a gold mine to the trust, seeking specific performance. “The complaint was required to be signed by an attorney, and it was not.” Affirmed.
Court: Oregon Court of Appeals, Judge: Egan, Filed On: May 1, 2024, Case #: A179038, Categories: trusts
J. Gruber finds the circuit court properly found for a brother, whose survivorship agreement with his mother transferred her interest in the property at issue to him upon her death. The other brothers challenged the mother's will, with the circuit court ruling it was the product of undue influence, setting it aside and imposing a constructive trust on the property in favor of the estate. The court then granted summary judgment, concluding relitigation was barred by the doctrines of law of the case and res judicata. The brother's cross-appeal for sanctions on the basis this appeal is frivolous is denied. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: April 24, 2024, Case #: CV-22-188, Categories: Sanctions, trusts, Wills / Probate
J. Kelly finds that the trial court properly ruled in a trust termination suit filed by an attorney, who previously represented a minor in a personal injury case that established an annuity to be paid to the minor through a trust. The trial court signed an agreed order discharging the trust, ordering it to make payments to the minor and the attorney. However, after the trust sought to vacate the order on the grounds it interfered with its contractual rights to the owner of the annuity, the trial court rescinded its previous order. On appeal, the attorney seeks to challenge the trial court's decision. Because the court's order vacating the agreement is not a final appealable judgment, the attorney lacks the authority to bring his challenge.
Court: Texas Courts of Appeals, Judge: Kelly, Filed On: April 19, 2024, Case #: 03-23-00791-CV, Categories: Settlements, trusts
J. Schumacher finds that the lower court properly distributed trust funds over which plaintiff and his sister had been named co-trustees following the death of their parents to the sister's children rather than her estate, following the sister's death. A subsection of the trust language required that the distribution be made to the estate since the sister had failed to survive distribution. Affirmed.
Court: Iowa Court Of Appeals, Judge: Schumacher, Filed On: April 10, 2024, Case #: 23-0847, Categories: trusts
J. Nugee finds a lower court properly ruled in favor of a sister of a family farming and land partnership's contract claims against her brothers. The brothers argued that she was not entitled to a stake in the farming company following her resignation. However, the sister presented sufficient evidence in court that she is entitled to a stake in family trusts, estates and value of shares based on a family inheritance document forged by her father. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Nugee, Filed On: April 9, 2024, Case #: CA-2023-1997, Categories: Agriculture, Property, trusts
J. Markey finds that a trust executed by a husband during divorce proceedings in which he disinherited his wife was rendered void upon his death because the trust held marital assets that would have otherwise been equitably divided in divorce proceedings had the husband survived until entry of judgment. Affirmed in part.
Court: Michigan Court of Appeals, Judge: Markey, Filed On: April 4, 2024, Case #: 362112, Categories: trusts, Wills / Probate
J. Clark finds that the lower court properly held that a local Methodist congregation, which broke with the national church over revised views on human sexuality, could not turn its property over to a successor congregation following disaffiliation. The property was held in an implied trust for the benefit of the national church, as since its founding the local congregation had used the insignia of "Methodist" or "United Methodist" and had abided by various administrative requirements to remain an affiliate. Affirmed.
Court: New York Appellate Divisions, Judge: Clark, Filed On: April 4, 2024, Case #: CV-23-1059, Categories: Property, trusts