Justia Trusts & Estates Opinion Summaries

The beneficiary of a trust seeks the value of “opportunities lost” resulting from the trustees’ refusal or neglect to distribute trust assets to the beneficiary. William Morgan created an irrevocable subtrust for the benefit of his daughter, Beverly. The subtrust started with an equity value of $67,500, and grew to the value of over $725,000. Beverly caused the succesor trustee to file suit alleging that if Beverly had been made aware of the subtrust, she would have used its assets to prevent the loss of her home. The trial court entered judgment in favor of the trustees. The court concluded that, in the absence of damages, Beverly has not established her claim for breach of fiduciary duties. The court also concluded that the record supports the trial court’s conclusion that the cotrustees did not breach their fiduciary duties to Beverly. Accordingly, the court affirmed the judgment. View "Williamson v. Brooks" on Justia Law

At issue in this appeal was a district court order accepting jurisdiction over a trust with a situs in Nevada and finding personal jurisdiction over the investment trust advisor. The Supreme Court was asked to interpret Nev. Rev. Stat. 155.190(1)(h) and Nev. Rev. Stat. 163.555. The Supreme Court dismissed Christopher Davis’ appeal and denied his writ petition, holding (1) section 155.190(1)(h) only grants the Court appellate jurisdiction over the portion of an appealed order instructing or appointing a trustee and does not grant the Court appellate jurisdiction over all matters in an order instructing or appointing the trustee; and (2) persons accepting an appointment as an investment trust advisor for a trust with a situs in Nevada impliedly consent to personal jurisdiction in Nevada under section 163.5555. View "In re Beatrice B. Davis Family Heritage Trust" on Justia Law

Virgil Becker, a retired doctor, was killed in a plane crash. His estate claimed that a faulty carburetor caused the crash. Forward Technology Industries Inc. (FTI) built a component for that carburetor. The Estate brought numerous claims against FTI, including a state product liability claim implicating a faulty carburetor component. FTI moved for summary judgment, arguing that the Federal Aviation Administration Authorization Act of 1994 preempted state law. The federal district court for the Third Circuit recently found that federal aviation regulations do not preempt the state product liability of an aviation systems manufacturer because they were “not so pervasive as to indicate congressional intent to preempt state law.” The Washington Supreme Court followed the Third Circuit and found that the Federal Aviation Act did not preempt state law, reversed the Court of Appeals which held to the contrary, and remanded this case back to the trial court for further proceedings. View "Estate of Becker v. Forward Tech. Indus., Inc." on Justia Law

Dwight Randy Green, Kathy Lefor, and Gary Green (collectively, “Siblings”), appealed the district court’s grant of summary judgment and dismissal of their lawsuit against James Green (“James”). Siblings brought this action to challenge the Sixth Amendment to the Ralph Maurice and Jeanne Green Revocable Inter Vivos Trust (“the Trust”), alleging it was the product of undue influence. The Trust was amended from an equal distribution between all of Ralph and Jeanne Green’s children to a 100% distribution to James to the exclusion of the Siblings. The district court granted summary judgment after determining that Siblings had failed to show a genuine issue of material fact which would support a finding of undue influence. Finding no reversible error in the district court’s judgment, the Supreme Court affirmed. View "Green v. Green" on Justia Law

The issue this case presented for the Pennsylvania Supreme Court's consideration was whether individuals who were not named in an executed testamentary document have standing to bring a legal malpractice action against the testator’s attorney, as purported third-party beneficiaries to the contract for legal services between the testator and his attorney. After review, the Court concluded such individuals do not have standing to sue the testator’s attorney for a breach of contract. The Court therefore reversed the Superior Court and remanded for reinstatement of the trial court’s order granting summary judgment and dismissing the claims. View "Est. of Robert Agnew v. Ross" on Justia Law

Attorney Susan Thiem represented Ann Thomas, an allegedly incapacitated person, during this action for appointment of a guardian and conservator. During the proceedings, the probate court issued an order imposing sanctions against Thiem based on a finding that she had “unreasonably interfered” with the discovery process. The sanctions order required Thiem to pay reasonable expenses, including attorney fees. Thiem appealed, arguing that the court abused its discretion by imposing sanctions. The Supreme Judicial Court dismissed the appeal as interlocutory without reaching the merits, holding that because the court had not yet quantified the amount of any attorney fees and expenses to be paid by Thiem as a sanction, the sanctions order was not a final judgment suitable for appellate review. View "Conservatorship & Guardianship of Ann B. Thomas" on Justia Law

Semmie John Guenther, Jr., filed an administrative charge with the EEOC, alleging that his former employer, Griffin Construction, discriminated against him on the basis of his disability, in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. When Guenther passed away while his charge was pending, the special administrator of his estate filed suit on his behalf when he received the EEOC right-to-sue letter. The district court dismissed the action based on Ark. Code Ann. 16-62-101(a)(1) and found the claim had abated. The court held that federal common law does not incorporate state law to determine whether an ADA claim for compensatory damages survives or abates upon the death of the aggrieved party. The court joined its sister circuits that have allowed the individual’s estate to bring and maintain a suit for compensatory damages under the ADA in place of the aggrieved party. Therefore, Guenther’s ADA claim for compensatory damages survived his death and Griffin Construction is not entitled to judgment on the pleadings. The court reversed and remanded for further proceedings. View "Guenther v. Griffin Construction Co." on Justia Law

A "squabble" erupted between family members over the property of the deceased patriarch. The patriarch-settlor appointed defendant Melissa Reynoso (a granddaughter of the settlor) as trustee. In this proceeding, the trial court determined Reynoso was the most reliable and credible of the family members. The trial court found that other family members were not credible. Reynoso sold real property of the trust to Karen Bartholomew (a daughter of the settlor). Plaintiff Anthony Pizarro (a grandson of the settlor) filed a petition for relief against Reynoso concerning the sale of the real property. The court denied the petition and ordered Pizarro and others to pay the trust’s attorney fees and costs. On appeal, Pizarro contended the trial court erred in finding that Reynoso acted properly as trustee. However, the Court of Appeal concluded he failed to make a focused, organized, and coherent argument for why the Court had to reverse the order. Therefore, the Court concluded he forfeited the argument. Pizarro and Bartholomew contend that the award of attorney fees and costs against them was improper. The Court reversed the award of attorney fees and costs to the extent it imposed personal liability, rather than liable solely from their shares of trust assets. In all other respects, the Court affirmed. View "Pizarro v. Reynoso" on Justia Law

The administrator of a decedent's estate appealed an interlocutory district court order compelling the administrator to file a federal estate tax return for the decedent's estate and elect portability of the Deceased Spousal Unused Exclusion Amount pursuant to 26 U.S.C.A. 2010. The surviving spouse sought the order, and benefits from the portability election. The administrator argued the district court erred on several grounds: lack of jurisdiction; issues with federal preemption; the surviving spouse's lack of standing; and that the order was contrary to an antenuptial agreement entered into between the surviving spouse and the decedent. After review, the Oklahoma Supreme Court found no reversible error and affirmed. View "In the matter of Estate of Vose" on Justia Law

This appeal arose from two consolidated appeals from proceedings in the county court. The first appeal was from the court’s final order appointing a conservator for Marcia Abbott, and the second was from the court’s order that acted both as a judgment in a trustee removal proceeding and as a final order denying fees and expenses in the conservatorship proceeding. The Supreme Court (1) dismissed the first appeal and dismissed the cross-appeal to the extent it pertained to the first appeal, holding that the conservatorship appointment order became moot upon Marcia’s death while the first appeal was pending; and (2) affirmed the remaining trust and conservatorship issues, including the order removing the successor trustee, declining to surcharge him, disposing of competing attorney fee applications, and otherwise disposing of the trust and conservatorship proceedings. View "In re Conservatorship of Abbott" on Justia Law