Justia Trusts & Estates Opinion Summaries

Plaintiff, individually and in her capacity as the personal representative of the estate of Lance Ruble, sought to amend the original complaint filed in this action before Respondents served an answer to that complaint. The trial court dismissed Plaintiff's amended complaint, and the court of appeal affirmed. The Supreme Court reversed based on its holding in Capone v. Phillip Morris USA, Inc. (Capone II) and Boca Burger, Inc. v. Forum, holding (1) when an injured Plaintiff in a personal injury action dies, the personal representative of the decedent's estate is not required to file a separate wrongful death action but may be added as a party to the pending action and thus may file an amended pleading that alleges new claims and causes of action; and (2) the right of a plaintiff under Fla. R. Civ. P. 1.190(a) to amend a complaint once before the service of a responsive pleading is absolute, and a trial court has no discretion to deny that amendment. Remanded. View "Ruble v. Rinker Material Corp." on Justia Law

Frank and Karen Capone filed an action against Philip Morris USA, a tobacco manufacturer, alleging several claims. After Frank died, Karen, in her capacity as personal representative of Frank's estate, sought to amend the complaint to add a wrongful death claim. Karen also filed a motion to substitute herself as a party plaintiff. The circuit court denied Karen's motions and dismissed the entire action, concluding that the personal injury action in this case could not be amended to include a wrongful death action. Although the circuit court, upon reconsideration, granted Karen's previously-filed motions, it vacated that order, finding Karen's motion for reconsideration was not timely served. The court of appeal affirmed, holding that the original personal injury action filed by the Capones could not be amended after Frank's death to include a wrongful death claim. The Supreme Court quashed the decision of the Third District, holding that upon the death of a party plaintiff in a personal injury action, the personal representative of the decedent's estate may be added to the pending action as a party and thus may file an amended pleading that alleges new or amended claims and causes of action. Remanded. View "Capone v. Philip Morris USA, Inc." on Justia Law

The Supreme Court granted Dana Medlock's petition for certiorari to determine whether a non-attorney who files a claim in probate court for a business entity engages in the unauthorized practice of law. Upon review, the Supreme Court concluded that a non-attorney may present claims against an estate on behalf of a business without unduly engaging in the practice of law. View "Medlock v. University Health Services" on Justia Law

The Dennis P. Hutchinson, Jr. Trust held two residential properties; Appellee Wells Fargo Bank administered the trust. The beneficiary's mother and guardian, Appellant Jean Schultz, learned that insurance premiums on the properties in trust had increased significantly. She discovered that the insurance had not been purchased through local insurance markets, but purchased through the bank. The trust attorney unsuccessfully tried to contact the bank to discuss the increase in premiums, and resorted to suing the bank to force it to disclose documents and other information regarding the trust's administration. The superior court granted the trust approximately half of what it asked for, and declared neither side as the prevailing party, so no one was awarded attorney's fees. The trust appealed to the Supreme Court, arguing the superior court misinterpreted the statutory authority belying its decision regarding the fees, and therefore abused its discretion. The Supreme Court agreed and reversed. View "Schultz v. Wells Fargo Bank, N.A." on Justia Law

After Wife moved into a nursing home, Husband disinherited Wife in his will. Wife's attorney-in-fact, her son, disclaimed any inheritance Wife may have been entitled to receive from Husband's estate. One year later, while Wife was receiving Medicaid assistance for her nursing home care, Husband predeceased Wife. Wife's guardian ad litem petitioned for an elective share of Husband's estate and moved to set aside the disclaimer. The circuit court denied the petition, concluding that Wife had validly disclaimed her right to an elective share and that Wife received her fair share of Husband's estate when Husband used their joint resources to pay for her care. The Department of Social Services, which administers the Medicaid program, intervened and moved to reconsider. The circuit court denied the motion. The Supreme Court reversed and remanded for Wife to obtain her elective share, holding (1) Wife was entitled to an elective share; and (2) because no prejudice to interested parties was demonstrated, the circuit court erred by not granting the guardian ad litem's motion to revoke the disclaimer where the guardian was acting in Wife's best interests. View "In re Estate of Shipman" on Justia Law

Plaintiff filed a wrongful death action against Defendant Cox Retirement Properties, alleging Richard Douglas died as a result of the facility's negligent care and treatment. Defendant moved to dismiss the case for Plaintiff's failure to comply with 12 O.S. Supp. 2009 19. Section 19 was enacted in 2009 as part of H.B. 1603, known as the Comprehensive Lawsuit Reform Act of 2009. Plaintiff responded to the motion to dismiss, arguing the CLRA of 2009 was unconstitutional logrolling in violation of the single-subject rule of Article 5, section 57 of the Oklahoma Constitution. The trial court granted the Defendant's Motion to Dismiss and certified the dismissal order for immediate review. The Supreme Court granted Plaintiff's Petition for Certiorari and held that hold that H.B. 1603 violated the single-subject rule of Article 5, section 57 of the Oklahoma Constitution and was unconstitutional and void in its entirety. View "Douglas v. Cox Retirement Properties, Inc." on Justia Law

The district court permitted the government to foreclose on federal tax liens on a ski cabin titled in the name of the D.E. Brown Family Trust, whose beneficiaries were Douglas Brown's wife and children. The taxes were owed by Douglas Brown (Brown) and his wife, not the trust, but the court found that the Browns were the beneficial owners of the cabin because Brown had a purchase-money resulting trust (PMRT) arising from his having purchased the cabin and then conveyed it to the Family Trust. The trustee of the Family Trust, Robert Tingey, appealed. He argued: (1) that the government waived its claim that the Browns held the beneficial interest in the cabin; and (2) that the district court erroneously concluded that a PMRT arose under Utah law. Upon review, the Tenth Circuit concluded that the government did not intentionally relinquish its claim to the cabin, and the evidence supported the district court's determination that Brown intended the trust to hold the cabin for his benefit. Accordingly, the Court affirmed the district court's judgment. View "United States v. Tingey" on Justia Law

At issue in this case was whether the Commonwealth Court correctly interpreted 24 Pa.C.S. 8507(e) to require that the Public School Employees' Retirement System nomination of benefits form be completed in its entirely in the member/decedent's own hand in order to effectuate a valid change of beneficiary. Upon review, the Supreme Court concluded that the Commonwealth Court erred, and held that the Board correctly determined that under the facts of this case, section 8507(e) allowed for distribution of retirement benefits at issue to the appellant. View "Snizaski v. Public School Employees' Retirement Board" on Justia Law

William and Patricia Clairmont appealed a judgment interpreting two trusts they created for the benefit of their grandson, Matthew Larson, and dismissing the Clairmonts' petition to reform the trusts. The Clairmonts argued the district court erred in denying their petition to reform the trusts because there was clear and convincing evidence of a mistake of law that affected their intent and the terms of the trusts. Upon review, the Supreme Court concluded the court misapplied the law construing trusts involving a mistake of law and the correct application of the law to the court's findings required reformation of the trusts. The Court affirmed in part, reversed in part and remanded for reformation of the trusts. View "In re Matthew Larson Trust Agreement" on Justia Law

Tyson Foods, Inc. petitioned the Supreme Court for a writ of mandamus to direct the Blount Circuit Court to dismiss Reba Kirkley's action against it, brought in her capacity as administratrix of her father's estate, on the ground that Kirkley lacked standing. On April 15, 2008, Allen Hayes died in a workplace accident at the Tyson Foods plant in Blount County. A tractor operated by an employee of Tyson Foods hit Hayes, who was working as a security guard. His widow Mildred Hayes collected $40,964.19 in workers' compensation death benefits against the account of DSI Security Services, Allen's employer at the time of the accident. On June 26, 2008, Kirkley, the personal representative of Allen's estate and Allen and Mildred's daughter, filed a wrongful-death action against the Tyson petitioners, who answered and removed the case to federal court. In early March 2011, the federal court remanded the case to state court. The trial judge denied the motion to dismiss. Finding that Tyson did not demonstrate a clear legal right to the remedy it sought seek, the Supreme Court denied the petition. View "Kirkley v. Tyson Foods, Inc." on Justia Law