Justia Trusts & Estates Opinion Summaries

This was an appeal from the probate court's order requiring the State to make an interim payment of the Special Fiduciary's fees incurred in administering the United Effort Plan Trust. The State argued that the probate court abused its discretion and acted contrary to Utah law. The State also challenged the probate court's denial of its motions for reconsideration, extension of time, and contribution. The Supreme Court (1) concluded that the probate court did not abuse its discretion or act contrary to Utah law when it found that justice and equity required the State to make an interim payment to the Special Fiduciary; (2) affirmed the court's grant of the Special Fiduciary's motion for fees; and (3) affirmed the court's denial of the State's other motions. View "Shurtleff v. In re United Effort Plan Trust" on Justia Law

Vernon Stisser, the personal representative of the estate of Pamela Stisser, petitioned the district court for an order directing certain payments and disbursements from Pamela's inter vivos trust (Trust). Among other claims, Vernon sought an order requiring trustee David Andreas (Trustee) to (1) pay all debts at the time of Pamela's death that were secured by Pamela's personal property and by Pamela's and Vernon's real estate; (2) compensate Vernon for his services as the personal representative of Pamela's probate estate; and (3) reimburse Pamela's estate for all probate estate administration expenses. The court granted Trustee's motion for partial summary judgment on Vernon's claim for payment of the secured debts. After a trial on Vernon's remaining claims, the court concluded the Trust did not require Trustee to compensate Vernon for his services as personal representative and required Trustee to pay only a limited amount of Vernon's claim administration expenses. The court of appeals affirmed in part and reversed in part. The Supreme Court affirmed in part and reversed in part, holding that the court of appeals incorrectly held that Trustee was required to pay debts secured by Pamela's personal property. View "In re Pamela Andreas Stisser Grantor Trust" on Justia Law

This case involved a property dispute between an individual church congregation, Olivet Presbyterian Church, and the denominational organization with which it was previously affiliated, the Presbyterian Church (U.S.A.), and the latter's subsidiary organizations, the plaintiffs in this action, the Presbytery of Ohio Valley and the Synod of Lincoln Trails of the Presbyterian Church (U.S.A.), Inc. (collectively, "Presbytery"). The trial court granted summary judgment rejecting the Presbytery's claims of express and implied trust and holding that the disputed property was solely owned by Olivet. The Presbytery appealed both the denial of its motion for summary judgment and the granting of Olivet's motion. The Supreme Court reversed, holding that genuine issues of material fact arose from the inferences flowing from the stipulated designated evidence and that neither Olivet nor the Presbytery was entitled to the full relief sought in their respective motions for summary judgment. Remanded. View "Presbytery of Ohio Valley, Inc. v. OPC, Inc." on Justia Law

This case involved a dispute over the rights to an extensive collection of Elvis Presley memorabilia. The collection was amassed by Sterling Gary Pepper, Jr. (Gary), who suffered from cerebral palsy and was cared for by his mother, Nell Pepper. Gary and Nell died in 1980 and 1982, respectively. A friend of Gary's and Nell's (Nancy) gave the collection to her sister, who sold it at an auction in 2009. Gary's and Nell's estates (the Estates) filed a complaint against Nancy and the partnership formed to transfer the collection, bringing claims for, inter alia, conversion by a bailee. Defendants filed a counterclaim for recovery of the value of preserving the collection. The district court granted Defendants' motion for summary judgment on all claims, concluding that the statute of limitations for the Estates' claims had expired. At issue on appeal was whether Iowa's discovery rule applied, which tolls the statute of limitations until the plaintiff has discovered the injury or should have discovered it. The Eighth Circuit reversed with respect to the conversion claim, holding that conflicting inferences created genuine issues of material fact concerning whether the Estates should have been on inquiry notice whether the collection had been converted by Defendants. View "Estate of Pepper v. Whitehead" on Justia Law

This case arose from a separation agreement made thirty-seven years ago between a now-deceased husband and plaintiff, his first wife. Plaintiff contended that her ex-husband promised to devise to her certain assets upon his death, and she brought various claims for equitable relief against defendant, her ex-husband's second wife, who survived him. The superior court concluded that plaintiff's claims were barred by the statute of limitations. On appeal, plaintiff argued that this conclusion was erroneous because, under the governing Massachusetts law, claims based on a contract to make a will do not accrue until the promisor's death. Although the Supreme Court accepted plaintiff's legal premise, it do not accept that it governed this case. Accordingly, the Court affirmed the lower court's judgment. View "Mueller v. Mueller and Joseph F. Mueller Trust" on Justia Law

On remand, the district court granted Wayne Dawson's Motion for Relief from Judgment and issued its Second Amended Judgment, which in part quieted title to and in part took judicial notice of four undivided one-fourth interests in a forty-acre parcel of land located in Teton County. On appeal, John Bach contended, among other things, that Dawson lacked standing to file his Motion for Relief from Judgment and that the district court abused its discretion and lacked personal and subject matter jurisdiction when it granted the Motion for Relief from Judgment and entered the Second Amended Judgment. Because all of Bach's claims were either frivolous or waived, the Supreme Court affirmed the Second Amended Judgment. View "McLean v. Cheyovich Family Trust" on Justia Law

This case concerned an appeal of a magistrate court's Finding of Fact, Conclusions of Law and Order in denying Appellant Maureen Erickson's Motion for Partial Distribution of her mother's estate. The magistrate court found that the property Maureen sought to partially distribute was not part of the assets of her mother's estate. On appeal to the district court, the court affirmed the decision of the magistrate court and alternatively found that the matter was barred by the statute of limitations. Upon review, the Supreme Court affirmed the district court's decision that this case was barred by the statute of limitations. View "Erickson v. McKee" on Justia Law

This case concerned the ownership status of Coolwater Ridge Road in Idaho County. The predecessors in interest of appellant Paddison Scenic Properties, Family Trust, L.C. granted rights of way to the United States for a road which became Coolwater Ridge Road. In the district court, Paddison sought a declaratory judgment that the rights of way did not constitute a public road or highway under Idaho law. That court held that the rights of way were public because the criteria for common law dedication were met. Upon review, the Idaho Supreme Court vacated the district court's judgment because it concluded this case was not ripe for adjudication. View "Paddison Scenic Properties Family Trust v. Idaho County" on Justia Law

This case was the third appeal to the Supreme Court arising from a 2002 real estate transaction between Thomas and Colleen Birch-Maile and the Theodore L. Johnson Revocable Trust. Attorney and Real Estate Broker Thomas Maile advised the Trust to reject an offer to sell certain trust property. Months later, Mr. Maile submitted an earnest money agreement for the same property. The prospective buyers, collectively the Taylors, sued the Mailes and Berkshire Investments, LLC (the company that the Mailes formed and to whom they assigned rights to the property) for professional malpractice and breach of fiduciary duties. The Mailes filed suit seeking to set aside a 2006 judgment against them, which the Court affirmed in the second appeal. The district court determined on summary judgment that the 2006 judgment was res judicata with regard to the issues raised in the Mailes' complaint. At trial the jury awarded damages against the Mailes on the Taylors' counterclaim. The Mailes appealed and the Supreme Court affirmed: the district court was correct in summarily dismissing the Mailes' lawsuit and denying their motion for JNOV. Further, the district court did not abuse its discretion in awarding attorney to two of the prospective buyers. View "Berkshire Investments, LLC v. Taylor" on Justia Law

The issue before the Supreme Court in this was the denial of attorney fees under Idaho Code section 41-1839 on the ground that the insured's proof of loss was insufficient under the statute because it did not provide the insurer with the legal theory upon which coverage was later determined to exist. Upon review of the matter, the Supreme Court vacated the judgment because a proof of loss need not include an analysis of the proper theory of coverage under the insurance policy. View "Estate of Benjamin Holland v. Metropolitan Property & Casualty Ins." on Justia Law