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Nov 12, 2019

Probate: Distribution of Estate Property-Appointment of Personal Representative

Plaintiff appealed the probate judgment and order directing distribution of her husband’s estate property despite her objections. Plaintiff argued that the trial court lacked authority to appoint the personal representative and should have instead appointed the public administrator as requested by plaintiff and that the trial court erroneously denied her surviving-spouse claims. Where it was [&h[...]

Nov 12, 2019

Probate: Irrevocable Trust-Income Distributions-Breach of Fiduciary Duty

Where a co-trustee challenged a probate court judgment allowing income distribution to the grantor’s grandson, the court improperly interpreted the trust as it related to the trustee’s ability to request the grandson’s financial information before authorizing the distribution, but the court properly found that the respondent bank was not liable for breach of trust under […]

Nov 1, 2019

Probate: Trust Amendment-Ownership Of Farm-Marital Interest

Where a husband challenged a judgment in favor of his wife’s parents on his claims to declare void an amendment to the wife’s trust and the wife had petitioned for dissolution prior to her death, the husband had no ownership interest in a farm, which was the sole res of the trust, so the trial […]

Jul 29, 2019

Probate: Jurisdiction-Abatement

Where appellant challenged the dismissal of her civil case claiming that her deceased husband had conveyed via beneficiary deed two parcels of land in fraud of her marital rights, the trial court properly treated the motion to dismiss as stating conditions invoking the doctrine of abatement, and appellant failed to argue that adequate relief was […]

Jul 22, 2019

Probate: NLRB-Unlawful Suspension-Enforcement of Order

Where an employer sought review of and challenged the enforcement of an order of the National Labor Relations Board that determined that the employer unlawfully suspended an employee in violation of the National Labor Relations Act, the employer’s petition is denied and the order is enforced because discriminatory anti-union sentiment motivated the decision to discipline […]

Jul 22, 2019

Probate: Civil Commitment-SVP-Voir Dire

Where appellant, who was civilly committed as a sexually violent predator, argued that the trial court abused its discretion during voir dire by prohibiting him from informing the panel about the young ages of the two children involved and from inquiring about any resulting potential bias or prejudice, the court prevented the appellant from exercising […]

Jul 9, 2019

Probate: Guardianship-Fitness-Sufficiency Of Evidence

Where a father challenged a probate court order appointing his child’s grandmother as the guardian for the child, the trial court did not err in finding that there was sufficient evidence to show that he was unwilling, unable or unfit to care for the child, so the judgment is affirmed. Judgment is affirmed. In the […]

Jun 4, 2019

Probate: SVP Determination-Jury Instruction-Hearsay

Where appellant challenged the finding that he was a sexually violent predator, the trial court did not abuse its discretion in refusing to enter his proposed jury instruction limiting hearsay because the instruction failed to acknowledge that substantial portions of hearsay were admissible on other grounds, and the statements of an expert were sufficient to […]

May 28, 2019

Probate: Sexually Violent Predator-Commitment-Guardianship Hearing

Where a man, who challenged his commitment as a sexually violent predator, argued that he was unconstitutionally committed because he was committed arbitrarily when a guardianship proceeding was pending, the man did not cite any authority to support the claim that a guardianship proceeding should precede an SVP proceeding, and he did not show that […]

May 28, 2019

Probate: Charitable Trusts-Removal of Trustee-Infringement of Intellectual Property

Plaintiffs appealed from the district court’s denial of plaintiffs’ request for preliminary injunctive relief and the sua sponte order staying litigation. A rift developed among the settlor’s children; settlors amended her trust documents to remove defendant as trustee. Plaintiff trusts filed suit to enjoin defendant and other family members supporting her from using the settlor’s [&hellip[...]

May 23, 2019

Probate: Breach of Trust-No-Contest Clause-Enforceability

Where appellant, who was the sole beneficiary of a trust, brought an action against the trustee for breach of trust and removal after he stopped receiving monthly distributions, the trial court did not err in granting the trustee’s motion for summary judgment on the trustee’s counterclaim because the plain language of the trust’s no-contest clause […]

Apr 22, 2019

Probate: Guardianship-Removal-Attorneys’ Fees

  Where a wife challenged the probate division’s denial of her motion to remove the public administrator as the guardian and conservator for her incapacitated husband and to appoint herself and her daughter as successors, there was no statutory basis for the removal or successor appointment, and the judgment is affirmed because the refusal to […]

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