In re Estate of Hord

Carl Hord's will created the Carl Hord Trust and directed that Carl's undivided one-half interest in 210 acres of farmland would pass to his niece and nephews upon the death of his wife, Lois, whom Carl named as a life beneficiary of the trust. The will also contained a spendthrift clause. While Lois was alive, five of the six remainder beneficiaries executed quitclaim deeds to Lois. Lois's will bequeathed her entire interest in the farmland to Waugh, including the remainder interests acquired from her nephews and niece. After Lois died, the remainder beneficiaries learned for the first time of the spendthrift clause. The beneficiaries filed a petition for construction of the trust and intervened in the probate action regarding Lois's estate, arguing that the spendthrift clause rendered their assignments and quitclaims deeds void. The probate court held that the beneficiaries' right to revoke their assignments terminated at Lois's death. The Supreme Court affirmed, holding that the applicable statute of limitations barred the remainder beneficiaries from enforcing the terms of the spendthrift clause of Carl's will. View "In re Estate of Hord" on Justia Law