Sandford v. Sandford — Trust equalization clause cannot revive time-barred claims
A trust equalization clause covering loans and gifts did not permit a court to revive time-barred claims over decades of family property income.
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Probate
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Britton v. Blanchard — Circuit courts may supervise probate courts through mandamus
The Alabama Supreme Court reversed. It held that the circuit court’s statutory power of general supervision over inferior courts extends to the probate court and includes authority to issue writs needed to exercise that supervision. A local grant of concurrent equity jurisdiction changes the matters a probate court may decide, but it does not transform the probate court into a tribunal equal in institutional rank to the circuit court.
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Meeker Trust — Alaska Supreme Court upholds disinheriting trust amendment
The Alaska Supreme Court upheld a trust amendment that largely disinherited one son, deferring to findings of testamentary capacity and no undue influence.
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Grimberg v. Pour — Lis Pendens Orders in Probate Proceedings Are Not Appealable
California’s Fourth District Court of Appeal holds that orders authorizing lis pendens recordings in probate proceedings are not appealable—the exclusive remedy is a petition for writ of mandate filed within 20 days of the order.
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In re Estate of Pangelinan — Supreme Court of Guam Holds Pro Se Executor Need Not Retain Counsel to Petition for Letters Testamentary
The Supreme Court of Guam unanimously reversed a probate court’s refusal to appoint a named executor, holding that neither a law license nor retained counsel is required to petition for letters testamentary under the Guam Probate Code, and that the statutory grounds of “improvidence” or “want of understanding” cannot be established solely by the petitioner’s failure to retain an attorney — even where the probate court acknowledged a severe attorney shortage on the island.
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Jackson v. Meyer — Trust Revocation During Divorce Proceedings Valid Despite Failure to File With Court
California’s Second District Court of Appeal held that a spouse’s trust revocation during pending divorce proceedings is valid even though it was never filed with the court, as long as the other spouse received actual notice of the revocation as required by the trust instrument.
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In re: Greenamyer — Will Witnesses Must Sign in Their Own Hand; Third-Party Signature Adoption Not Permitted Under N.C.G.S. § 31-3.3
In a question of first impression, the North Carolina Court of Appeals held that N.C.G.S. § 31-3.3 does not permit attesting witnesses to adopt signatures written entirely by a third party: because the statute expressly allows the testator to have another sign on his behalf but omits any similar provision for witnesses, the legislature’s intent is that witnesses must physically sign the will themselves, rendering invalid a revised will whose two witness signatures were written by the notary at the witnesses’ verbal direction while the witnesses never touched the pen.
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In re Greenamyer — Attesting Witnesses Must Sign Wills Personally; Third-Party Proxy Signatures Barred Under N.C.G.S. § 31-3.3
In a first-impression decision, the North Carolina Court of Appeals held that N.C.G.S. § 31-3.3 bars attesting witnesses from having a third party write their signatures on a will, applying the expressio unius canon to the statute’s express testator proxy-signing provision and affirming summary judgment invalidating a revised will whose two witnesses never physically touched the pen.
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In re Tung Trust — Court Reverses Ruling That “30-Day Survivor Clause” Blocked Antilapse Protection for Grandchildren
California’s Second District holds that a standard 30-day survivorship clause in a revocable trust was not a “contrary intention” sufficient to override the antilapse statute and disinherit a predeceased son’s children.
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Ceglio v. Womer – Fourth DCA Affirms Finding That Litigant Was Not ‘Reasonably Ascertainable’ Creditor of Estate
The Fourth DCA affirmed the probate court’s determination that a litigant with a prior lawsuit against the decedent was not a ‘reasonably ascertainable’ creditor entitled to actual notice, where the personal representative’s diligent search of records revealed no indication of an active claim.
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Yelvington v. Yelvington — Fifth DCA Affirms Unequal Distribution of Trust Business Asset Between Siblings
The Fifth DCA affirmed a trial court’s 51%/49% distribution of a family aviation business between co-beneficiary siblings, finding that trust language requires equal overall shares but permits unequal distribution of individual assets.
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Matter of Estate of Mielty — Fourth Department Reinstates Undue Influence Objection in Will Contest
The Fourth Department modifies Surrogate’s Court’s order in a will and trust contest by reinstating the objectant’s undue influence claim, finding triable issues of fact on whether the decedent’s will amendments were the product of undue influence.
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Parker v. Parrack — Court Cannot Declare Rights of Non-Party in Adverse Possession Dispute Over Family Ranch; Fiduciary-Duty Deed Challenge Fails on Sufficiency Review
The Fifteenth Court of Appeals affirmed the jury’s finding that a sister did not breach her fiduciary duty in accepting a deed to mineral executive rights from her brother, but vacated the adverse-possession declaration because the company asserting ownership was never joined as a party, rendering the declaration advisory and jurisdictionally void.
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Lower v. Lower — Court affirms summary judgment rejecting will contest
The Tenth District affirmed summary judgment rejecting a pro se will contest, finding the drafting attorney’s affidavit established testamentary capacity and the contestant produced no competent evidence of undue influence.
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Matter of Kosier — Third Department Affirms Grant of Letters of Administration to Surviving Spouse
The Third Department affirms Surrogate’s Court’s grant of letters of administration to the decedent’s surviving spouse over the objections of other family members.
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Matter of Karissa W. — Third Department Addresses Guardian’s Commissions on Personal Injury Annuity Payments
The Third Department partially denies a guardian’s motion for commissions on annuity payments received on behalf of an incapacitated person, addressing the proper calculation of guardian compensation.
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Membrino v. Membrino — Litigation Privilege Bars IIED Claim Arising from Probate Conservatorship Proceedings
Connecticut Appellate Court holds that the litigation privilege bars an IIED claim arising from an allegedly fraudulent probate conservatorship proceeding, ruling that downstream out-of-court conduct taken pursuant to conservator authority obtained in the proceeding cannot be carved out as independently actionable.
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In re Estate of Rogers — Tenth District rejects pro se heir’s challenge to probate accounting under R.C. 2109.35
The Tenth District affirmed the probate court’s denial of a motion to vacate an order settling the final estate account, holding the heir failed to demonstrate fraud, good cause, or any statutory ground under R.C. 2109.35.
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In re Estate of Kendrick — Second District reverses denial of omitted heir’s Civ.R. 60(B) motion in real property transfer
The Second District reversed the probate court’s denial of a Civ.R. 60(B) motion filed by an omitted heir, finding the heir had meritorious claims to real property that was transferred without listing him on the next-of-kin form.
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Law v. Estate of Jarvis — Fifth DCA Reverses $300K Surcharge Against Personal Representative for Failure to Prove Damages
The Fifth DCA reversed a $300,000 surcharge against a personal representative for breach of fiduciary duty, holding that the surcharge improperly equated the withdrawn purchase offer with actual damages without evidence of the property’s fair market value.
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Estate of Deckman v. Joseph — Court partially reverses summary judgment in life insurance beneficiary dispute
The Eighth District reversed in part and remanded a summary judgment dismissing claims that nieces with power of attorney improperly changed a decedent’s life insurance beneficiary, finding res judicata did not bar claims that were not previously litigated on the merits.
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Smith v. Avery — Fifth District affirms trust distribution to decedent’s heirs after all named beneficiaries died without issue
The Fifth District affirmed a probate court’s interpretation of the Robert H. Fox Revocable Living Trust, holding that when all named beneficiaries died intestate and without issue, the trust assets should be distributed to the settlor’s heirs under the trust’s residual provision rather than reverting to the trustee.
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Frank v. Allen — Eleventh District dismisses heirship appeal for lack of final appealable order
The Eleventh District sua sponte dismissed an appeal from a probate court’s partial summary judgment on heirship, holding that the order was not a final appealable order under R.C. 2505.02 because it resolved only one party’s rights while leaving other parties’ heirship determinations for further proceedings.
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Basel v. Schlarb — Eleventh District reverses concealment finding, holds R.C. 2109.50 applies only to assets owned at death
The Eleventh District reversed a finding of concealment of estate assets under R.C. 2109.50, holding that the statute applies only to property the decedent owned at the time of death, not to assets transferred during the decedent’s lifetime under a power of attorney.