Justia Trusts & Estates Opinion Summaries

Alfred and Pegge Cooksley placed their ranch and other property in a revocable charitable trust (Trust) that named Shriners Hospitals for Children and the Kalif Children’s Travel Fund as beneficiaries and First Northern Bank of Wyoming as the successor trustee. The year 2100 was specified as the Trust’s termination date. After Pegge and Jack died, Shriners filed a petition seeking termination of the Trust and an immediate distribution of the Trust assets. Shriners separately filed a complaint against First Northern Bank alleging that it had breached its fiduciary duty to the Trust beneficiaries. The district court ruled against Shriners and directed Shriners to pay First Northern Bank its attorney fees and costs. The Supreme Court affirmed, holding (1) the district court did not err in ruling that the Trust does not violate the rule against perpetuities; and (2) the district court did not err in denying Shriners’ claims against First Northern Bank and awarding attorney fees and costs. View "Shriners Hosps. for Children v. First N. Bank of Wyoming" on Justia Law

Imogene and Clyde Snell were the parents of William Snell and Clyde Allen Snell (Allen). William and Allen were remainder beneficiaries of a revocable trust executed by Imogene. The trust contained a choice of law provision directing that it be construed and governed by the laws of Arkansas. After Imogene’s death, William filed an action for a trust accounting from Clyde, the sole trustee and current beneficiary of the trust. The district court granted summary judgment in favor of William and ordered Clyde to produce certain trust documents. Clyde appealed. The Supreme Court exercised its discretion to convert Clyde’s notice of appeal to a petition for writ of review and granted the writ to resolve the legal issue of whether William was entitled to an accounting, holding (1) the district court’s summary judgment order was not a final appealable order; and (2) the district court correctly determined that, under Arkansas law, William was entitled to an accounting. Remanded to the district court for immediate release of the records. View "Snell v. Snell" on Justia Law

P. Richard Meyer executed a last will and testament in 2008, bequeathing all of his property to his fourth wife, Miracles Meyer, and naming her as his personal representative. The will complied with the form for self-proving wills set forth in Wyo. Stat. Ann. 2-6-114. Mr. Meyer died in 2013. When Mrs. Meyer filed a petition to probate the will, Kelly Fanning, Mr. Meyer’s child from a previous marriage, filed a petition to revoke the order admitting the will to probate on the grounds that the witnesses could not recall having seen Mr. Meyer or each other sign the will. The district court granted summary judgment in favor of Fanning, concluding that the will was not a self-proving will and that the will could not be proven. The Supreme Court reversed, holding that the district court erred when it concluded that, in all cases where a will is not self-proving, the proponent must establish that the witnesses signed the will in the presence of each other and in the presence of the testator. Remanded. View "Meyer v. Fanning" on Justia Law

In 2001, Appellant moved into Decedent’s home at Decedent’s request, where he lived and cared for Decedent until Decedent’s death in 2010. After Decedent’s death, Appellant filed a creditor’s claim against Decedent’s estate, seeking compensation for the care and services he provided. Defendants, the co-administrators of the estate, denied Appellant’s claim. Appellant subsequently brought an action against Defendants. The district court granted summary judgment to the estate. The Supreme Court affirmed, holding that the district court did not err in finding no question of material fact existed and that Appellant failed as a matter of law on his claims for implied-in-fact contract, promissory estoppel, and unjust enrichment. View "Symons v. Heaton" on Justia Law

After Joan Marusich died, the State ex rel. Department of Health, Office of Healthcare Financing/Equalitycare (Department) filed a lien against the home Joan owned as tenants by the entirety with her husband, William Marusich, who predeceased Joan. The Department filed the lien to recover the cost of Medicaid benefits paid on behalf of William. Joan's Estate filed a petition against the Department to remove a false lien. The district court granted summary judgment against the Estate on the validity of the lien. After the district court entered a final judgment on the amount of the lien, the Estate appealed. The Supreme Court affirmed, holding (1) the district court correctly granted summary judgment upholding the Department's lien; and (2) the district court did not abuse its discretion by denying the Estate's motion to amend the petition. View "Estate of Marusich v. State ex rel. Dep't of Health, Office of Healthcare Fin./Equalitycare" on Justia Law

Petitioners petitioned to be appointed permanent guardians of their elderly uncle, Thomas Lankford. The district court dismissed the guardianship petition after finding Petitioners were not qualified to serve as guardians because their potential to inherit from Lankford created a disqualifying conflict of interest. Petitioners appealed, asserting (1) the district court erred in finding a conflict of interest, and (2) in the alternative, the guardianship conflict waiver statute, which allows a court of waive conflicts but limits that authority to conflicts of a spouse, adult child, parent, or sibling of a ward, violated their due process and equal protection rights. The Supreme Court affirmed, holding (1) the district court did not err in finding a conflict of interest; and (2) Petitioners' constitutional claims were not properly before the Court. View "Utley v. Lankford" on Justia Law

While Mark and Elizabeth Dowell were still married, Mark created an irrevocable life insurance trust (ILIT) naming Elizabeth as is primary beneficiary and their two children as contingent beneficiaries. After the couple divorced, Mark filed a petition to modify the trust, contending that he did not need Elizabeth's consent to modify because she had relinquished her beneficial interest in the property settlement agreement incorporated into the divorce decree. The district court granted summary judgment in favor of Mark. The Supreme Court reversed, holding that the parties' divorce degree did not divest Elizabeth of her status as the primary beneficiary of the ILIT as a matter of law. Remanded with instructions to grant Elizabeth's motion for summary judgment. View "Dowell v. Dowell" on Justia Law

These consolidated appeals stemmed from the Redland family's dispute over ranch property and operations. Two of the appeals related to real property that some of the Redland children claimed their father, Robert Redland, agreed to place in a family trust. The district court granted Robert partial summary judgment, holding that the claims were barred by the statute of limitations and statute of frauds. A bench trial was held on the remaining issues. The trial court ruled against Robert on his two sons' unjust enrichment claims for improvements they had made to the disputed trust properties and also ruled against Robert on his counterclaim against another child and his wife for a partnership interest in their cattle operation. In the remaining appeal, Robert appealed the trial court's rulings on the unjust enrichment and partnership claims. The Supreme Court (1) reversed the grant of summary judgment, holding that disputed issues of material fact existed on the questions of whether the Redland children's property claims were barred by the state of limitations or statute of frauds; and (2) affirmed the district court's ruling on the unjust enrichment claims and the partnership claims. Remanded. View "Redland v. Redland" on Justia Law

After a hearing, the district court entered an order stating that Appellant concealed, embezzled, conveyed away and/or disposed of monies and other property of John Hibsman, Jr.'s estate and finding prima facie evidence of the right of the estate's personal representative to recover an amount "not less than $137,566." At issue on appeal was whether the Supreme Court had jurisdiction to hear Appellant's appeal. The Court dismissed the appeal, determining it lacked jurisdiction to hear the appeal because (1) the order from which Appellant took his appeal was made in a "special proceeding" as contemplated by Wyo. R. App. P. 1.05; but (2) no substantial right of Appellant's was affected by the court's decision, as the proceeding appealed here merely determined a prima facie case that the personal representative could initiate litigation to determine if there was a wrongful taking of at least that amount of money. View "Hibsman v. Mullen" on Justia Law

As a beneficiary of a trust created by her grandfather, Plaintiff-Appellant Courtney Evans brought an action against the trustee, Peter F. Moyer, for an accounting and distribution of income. The district court generally ruled in Mr. Moyer's favor, and Plaintiff appealed arguing that the district court's interpretation of the trust was erroneous and Mr. Moyer's accounting was insufficient. Upon review, the Supreme Court concluded that the district court did not abuse its discretion in its interpretation of the trust. Accordingly, the Court affirmed. View "Evans v. Moyer" on Justia Law