Justia Trusts & Estates Opinion Summaries

Ada Greenblatt died testate and without issue. Ada’s will did not provide instructions on how to distribute her residuary estate, which consisted primarily of real property and personal property, including a mizrah - an ornamental religious print - valued at $100. Ada’s brother, Owen Greenblatt, who was designated as a personal representative of Ada’s estate, selected the mizrah. When the personal representatives petitioned the probate court for an order completing settlement of the estate, Mark Levine, a residuary beneficiary of the estate, opposed the petition, claiming that Owen breached his fiduciary duty to the estate by taking the mizrah. The court entered a judgment completing settlement of the estate, finding that the distribution of the personal property was not improper. The Supreme Court affirmed, holding that the distribution scheme and Owen’s selection of the mizrah was not an abuse of the personal representatives’ discretion, and thus did not violate the fiduciary duty of impartiality.View "Estate of Greenblatt" on Justia Law

In 2011, Decedent died of injuries incurred in an automobile accident. Decedent was survived by his allegedly estranged wife, Laura Soran, and by his parents and sister. Decedent’s father, in his capacity as personal representative, brought a wrongful death claim brought against Robert Curran, the driver of the vehicle in which Decedent was a passenger when he died, and settled with Curran’s insurance providers for $400,000. A dispute subsequently arose between Decedent’s beneficiaries as to how the settlement proceeds should be distributed. The district court awarded Laura seventy-five percent of the settlement proceeds and divided the remainder among Decedent’s parents and sister. The Supreme Court reversed, holding that the district court’s distribution order was clearly erroneous in that it misapplied the burden of proof and improperly presumed damages in favor of Decedent’s wife where Decedent’s marital relationship was uncertain. Remanded.View "In re Wrongful Death of Daniel P. Soran" on Justia Law

After H. Kent Dahlke died in 2003, leaving a will he had executed in 2001, there were irregularities in the administration of Kent’s estate, including the probate court’s failure to advise Kent’s surviving wife, Sara Dahlke, of her statutory elective share, and the court’s failure to assure that Kent’s heirs waived a hearing on a decree of distribution. Sara later died. In 2011, five years after the decree of distribution of Kent’s estate was entered and its assets were distributed to the devisees, Sara’s daughter, Susan Jubie, acting as the personal representative of Kent’s estate, the personal representative of Sara’s estate, and individually, sought to set aside the decree of distribution of Kent’s estate. The district court declined to set the decree aside. The Supreme Court affirmed, holding that although the probate process went awry in this case, the law governing finality of judgments required that the decree of dissolution stand.View "Estate of Dahlke" on Justia Law

Monica Clark, as the personal representative of the estate of Lester Jasmanka, appealed a district court order denying her motion to vacate a 1990 default judgment quieting title to certain mineral interests in Jack and Eugene Peterson. Upon careful consideration of the facts of this case, the Supreme Court affirmed, concluding: (1) the 1990 judgment was not void and therefore could not be vacated; and (2) the motion to vacate the judgment for fraud and misrepresentation was untimely.View "Peterson v. Jasmanka" on Justia Law

When legendary blues musician Robert Johnson died intestate in 1938, he had no money and appeared to have left no assets to distribute to heirs, so no estate was opened at that time. But the increasing popularity of Johnson's music over the years following his death led Steven LaVere, a music producer from Tennessee who owned Delta Haze Corporation, to contact Johnson's half-sister, Carrie Thompson, about previously unpublished photographs of Johnson. Believing Thompson to be Johnson's only heir, LaVere requested the photographs to launch a new release of Johnson's music. The legatees of Carrie Thompson sought to recover royalties and fees from the use of two photographs that were ultimately used in the project. Among the several reasons the trial court denied their claim was that the statute of limitations had expired. Finding no reversible error, the Supreme Court affirmed.View "Anderson v. LaVere" on Justia Law

Respondent Hellen Couture appealed a probate court decision to grant petitioner Thomas Couture's petition to impose a constructive trust for the benefit of the decedent's heirs over certain life insurance proceeds paid to respondent upon the decedent's death. After review of the facts and circumstances of this case, the Supreme Court found no reversible error in the probate court's decision, and affirmed. View "In re Estate of Lucien Couture" on Justia Law

After disagreements over Ripley Associates, LLC’s operation arose, the Domenick Marrara, Jr. Trust, which owned a twenty-five percent interest in Ripley, decided to dissociate from Ripley. The Trust and its Trustees filed this proceeding to enforce Ripley’s purchase of the Trust’s distributional interest. After an evidentiary hearing, the circuit court determined the fair market value of the Trust’s distributional interest in Ripley. The court subsequently ordered that Ripley should pay interest on this amount from the date the court determined the value of the Trust’s distributional interest at the hearing. The Trustees appealed, arguing that they were entitled to receive interest on the Trust’s distributional interest from the date of its dissociation from Ripley. The Supreme Court reversed, holding that the payment of interest upon a dissociated member’s distributional interest in an at-will limited liability company is calculated from the date of dissociation.View "Marrara v. Ripley Assocs., LLC" on Justia Law

After Decedent died, Decedent’s will was admitted to probate, and all of Decedent’s property was devised to his sister. Appellant petitioned to inherit from Decedent’s estate, claiming that she was the pretermitted child of Decedent and that she was entitled to receive all of his estate as his sole heir. The circuit court dismissed Appellant’s petition for failing to file her claim against the Estate and failing to establish her paternity within the 180-day period required under Ark. Code Ann. 28-9-209(d). The Supreme Court affirmed, holding that the circuit court did not err in dismissing Appellant’s petition due to her failure to satisfy the statutory requirements.View "Bell v. McDonald" on Justia Law