Riskey v. Riskey

Jeffrey Riskey, individually and as co-trustee of the Annette Riskey Family Irrevocable Trust dated April 12, 2004 ("Trust"), and other Riskey family members (collectively, "the Riskeys") appealed judgments entered after the district court granted his brother and co-trustee Rodney Riskey's summary judgment motion. Annette Riskey's husband, Gilbert Riskey, died in December 2003. Within months of the death, Rodney brought Annette to attorney David Peterson. A new trust was drafted which allowed Rodney to purchase land, bins and a house owned by Annette [after her death] for the sum of $65,000. The trust was signed by Annette [as settlor] and Rodney [as co-trustee] on April 12th, 2004. Jeffrey was appointed [c]o-trustee but was only sent a signature page, which he signed shortly thereafter. Jeffrey did not know of the purchase option until 2015. All parties agreed the land, bins and house were worth more than $65,000, though no appraisal has been admitted into the record. Annette died in November 2015. Rodney executed a purchase agreement, which Jeffrey as [c]o-trustee, would not sign. In 2004 Annette had also executed a warranty deed transferring the property to the co-trustees, Rodney and Jeffrey, and reserving a life estate. The North Dakota Supreme Court conclude that the facts, when viewed in a light most favorable to the Riskeys, did not support a conclusion that the Trust's purchase option provision was the effect of Rodney's undue influence on their mother. View "Riskey v. Riskey" on Justia Law