Justia Trusts & Estates Opinion Summaries

Appellants, a group of heirs who were entitled to receive the net proceeds of a judicial sale of four tracts of land, sued Appellees, a former master commissioner of the circuit court, a circuit court judge, and the administrative office of the courts, pursuant to the Kentucky Board of Claims Act, after the former master commissioner failed to disburse the proceeds of the sale. The Board of Claims (Board) entered a final order dismissing Appellants' claims for lack of jurisdiction. The circuit court and court of appeals affirmed. At issue on appeal was whether a claim involving judicial officers or court employes may proceed at the Board. The Supreme Court reversed, holding that the judge's continued use of the master commissioner, without reappointment, to perform significant functions in actions in the circuit court without a bond and without surety approved by the judge as statutorily mandated, was grounds for a claim in the Board of Claims based upon alleged negligence in the performance of a ministerial duty by an officer of the state. Remanded to the Board for a determination of whether Appellants suffered damages as a proximate cause of the alleged negligence.

Two brothers had a dispute over an alleged oral agreement relating to the care of their mother by which one brother agreed to give up part of his inheritance if the other brother would care for their mother. The trial court found that a valid agreement between the brothers had been reached. The court of appeals reversed on an issue that had not been raised at the trial court but which the court reached as part of its overall examination of the validity of the agreement. The Supreme Court affirmed, holding (1) the court of appeals cannot reverse the judgment of the trial court on an issue that was not specifically raised at the trial court, but (2) the court of appeals nevertheless reached the correct result because the parties' agreement was unenforceable under the statute of frauds, and thus, no action on it could be maintained.