11 results for 'cat:"Family Law" AND cat:"Trusts"'.
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. Denney grants the brother’s motion to compel his sister to produce messages involving their dispute over the trust. Though the sister’s counsel argued that the messages shared with her son are not relevant, being the alleged breach of the agreement had already occurred, the messages may be relevant to the trust’s claims and defenses, particularly regarding possible additional breaches. The request for the imposition of spoliation sanctions is deferred.
Court: USDC Nevada, Judge: Denney, Filed On: February 7, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: family Law, trusts, Contract
J. Heavican finds the county court properly removed the sister as trustee of the family trusts. Proceedings distributing trust assets among the siblings following the death of the parents is described as "contentious." The court accepted the cotrustee brother's resignation, then found the sister had breached her fiduciary duty and removed her. That the rest of the siblings have requested the removal of the sister as trustee supports her removal regardless of any breach of fiduciary duty. Affirmed.
Court: Nebraska Supreme Court, Judge: Heavican , Filed On: February 2, 2024, Case #: S-23-058, Categories: family Law, trusts, Fiduciary Duty
J. Gibbons finds the trial court properly divided property held in a revocable living trust in this divorce action. Though the ex-wife, as a licensed realtor, managed properties held in the trust, both parties are co-settlors and co-trustees, and the trust did not need to be named in the divorce or joined as a necessary party. The trial court had authority to distribute the trust's assets as community property. The ex-wife failed to overcome the community property presumption by clear and convincing evidence. Affirmed.
Court: Nevada Court of Appeals, Judge: Gibbons , Filed On: November 30, 2023, Case #: 84950-COA, Categories: family Law, Property, trusts
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J. Mortensen finds that the district court properly held that an irrevocable trust had not been modified to give the settlor's second wife a role as the "Settlor's wife." Her interest in a trust property was not established by estoppel. She failed to present admissible evidence that a second trust had been established, which she asserted due to spelling errors in the the settlor's references to the trust. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: November 9, 2023, Case #: 20210636-CA, Categories: family Law, trusts
[Consolidated.] J. Rochford finds the circuit court, in this very complex ruling involving a 53-year-old Illinois man and his 23-year-old Thai mistress, and the Thai court’s support order regarding their triplets conceived through in-vitro fertilization, improperly approved a trust provision that, if he died before the trusts terminate, any remaining funds shall be distributed to his heirs at law. Remaining funds should be returned to his estate, as the triplets will be 20-year-old adults, and obligations under the modified Thai judgment and the purpose of the trusts ends. The man’s wife in Illinois and the mistress’s husband in the UK are also involved in the litigation concerning property, support, millions of dollars, two marriages and three adult relationships and their relationships with the children, spanning three continents and several courts, and is variously affirmed, reversed, vacated and remanded.
Court: Illinois Appellate Court, Judge: Rochford, Filed On: August 17, 2023, Case #: 1-19-0572, Categories: family Law, International Law, trusts
J. Moore finds the trial court improperly denied the trustee of the family trust’s motion for a new trial in this dispute among the four living children with respect to various agreements and interests in the family farm. To the extent the award of attorney fees included those resulting from the family’s derivative claims, it was error to award fees against the trustee, individually. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-22-108, Categories: family Law, trusts, Contract
J. Mortensen holds that the trial court properly found that a wife did not have an interest in her husband's trust and that her argument that she was entitled to trust assets as a creditor was not supported by Arizona law, which controlled trust interpretation. However, the trial court must revisit her personal grooming, lawn aeration and bark replacement expenses since it denied them without adequate findings. Reversed in part.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: August 10, 2023, Case #: 20210080-CA, Categories: family Law, trusts