Justia Trusts & Estates Opinion Summaries

Janice and Steven Dunwoody were divorced pursuant to a divorce judgment entered in the district court. Steven filed a motion to clarify the divorce judgment, seeking to establish a life insurance trust as provided in the agreement. The district court issued an order clarifying the original divorce judgment by ordering that the trust be established and ordering the cash surrender value of Steven's life insurance policy to be evenly split between Steven and Janice after their youngest child reached the age of twenty-three. Steven appealed. The Supreme Court vacated the judgment of the superior court, holding that the court improperly disposed of omitted property - the cash surrender value of the life insurance policy - within the purview of a motion to clarify. Remanded. View "Dunwoody v. Dunwoody" on Justia Law

Jeffrey Buhrman, the sole trustee of the Clifton Pike Family Trust, a testamentary trust established under Clifton Pike's will, appealed the decision of the probate court granting the petition of the two adult children of Clifton and Doris Pike to combine the assets of Doris's estate into Clifton's trust, terminate both parents' trusts, and direct that the assets be distributed. At issue was whether a spendthrift provision precluded the termination of the trusts. The Supreme Court affirmed after noting that a trust may be terminated early when its purpose has been accomplished or when there is no good reason for the trust to continue, holding that Buhrman failed to meet his burden that the spendthrift provision was a material purpose of the trust. View "In re Pike Family Trusts" on Justia Law