Case Summaries
(dispute involving issues surrounding decedent’s estate, including challenge to lower court’s decision to allow personal representative to sell farmland in the estate).
(case involves battle over assets to be included in decedent’s estate; heirs claim that additional assets should be included in estate and that surviving spouse should not have permitted surviving spouse to claim the homestead and spousal allowances due to lack of need; court ruled that surviving spouse co-owned contested farm equipment and cattle with decedent, had sole interest in leases as sole owner of farm property, and that surviving spouse was entitled to farmstead allowance and deserved spousal allowance under Kansas law).
(decedent’s daughter and her spouse exerted undue influence over decedent in “one of the clearest cases of undue influence we have seen”; 1995 deed to Wyoming farm upheld as valid as being delivered to and accepted by grantee, and fact that second deed written and executed by daughter and spouse (under power of attorney) in 1998 does not obviate 1995 deed).
(issues of fact remain concerning whether decedent intended to make gift of John Deere track loader to defendant and whether constructive delivery occurred).
(estate had right of indemnification from defendant for value of property owned by decedent that was foreclosed upon and sold, and the proceeds applied against a debt for which defendant was obligated).
(quitclaim deed of remainder interest in farm from mother to son with life estate reserved by mother; son predeceased mother and son’s interest in farm belonged to son’s estate (thereby subject to state intestacy statute) and did not revert to mother upon son’s death because deed did not contain clear and unambiguous language that remainder interest ended upon son’s death).
(no constructive trust imposed against plaintiff's daughter over farm and farmhome; plaintiff deeded farm to daughter and claimed that she would be allowed to live on the farm "until her death"; evidence showed that deed of farm intended as gift to daughter; no mistaken belief present relating to effect of execution of warranty deed).
(defendant's impoundment of plaintiff's cattle and cancellation of federal grazing permit not a taking; but, plaintiff had vested right in surface waters flowing from federal land that could have been put to beneficial agricultural use if not for defendant's interference (construction of fences and disallowance of plaintiff to clear obstructions upstream in 1866 Act irrigation ditches); plaintiff entitled to $4,220,431.20 plus interest from date of taking (beginning in 1983) plus attorney's fees and costs).
(divorce case involving farm assets; trial court did not err in awarding 138 acres to ex-wife; acreage not an integral part of ex-husband’s farming and ranching operation; ex-wife not entitled to “Grace” award to even-out property division because substantial marital estate existed which was divided evenly).
(defendant insulated from liability for insured’s failure to read policies; but, question remained as to whether insured’s estate stated valid cause of action against defendant concerning whether defendant was a broker or an agent).
(decedent’s holographic will ruled void for vagueness; decedent left “this Land” to certain beneficiaries, but with no explanation of what “this Land” referred to).
(beneficiary of decedent’s will may not maintain negligence action against attorney for preparation of deed that results in increased tax liability to the estate; beneficiary lacked privity with attorney and no special circumstances present which would override privity requirement).
(distribution of ranch under decedent’s will not subject to no-contest clause under will; pertinent provision of will did not incorporate no-contest clause by reference).
(farm property bequeathed to plaintiff from parent’s trust zoned as an ag district, but was not suitable for farming or pasturing livestock; plaintiff’s application for zoning amendment to rezone property as a restricted rural residential district allowing a 41 single-home subdivision denied; plaintiff’s challenge to denial as unconstitutional taking failed because existing comprehensive land use plan designed to protect ag land not arbitrary or unreasonable and did not deny all economically viable uses of the land).
(deeds to property executed in 1967 that reserved a life estate, held to be valid even though deeds not recorded prior to death and subsequent will attempted to devise subject property to different person than grantees; will not offered for probate; deeds delivered to some of the grantees constituted constructive delivery to other; placement of deeds in safety deposit box to which grantor had no access showed grantor’s intent to divest self of title to property upon execution of deeds, thus transfers effective).
(creation of irrevocable trust by community spouse and funding part of trust with institutionalized spouse’s funds did not cease to make trust assets countable resources for purposes of institutionalized spouse’s Medicaid eligibility; trustee had discretion to make distributions to institutionalized spouse).
(case involves title dispute to farm property; decedent died intestate in 1995 owning 120-acre farm, but had executed power of attorney in 1978 concerning the farm; decedent added agent (decedent’s caretaker) as joint-tenant owner of farm in 1992 and agent added spouse as joint-tenant to farm later in 1992; decedent’s heirs challenge to POA fails because agent had power to “manage” the property just as the principal would; but heirs’ breach of fiduciary duty and undue influence claims remanded because trial court improperly ruled such claims barred by 3-year statute of limitations; actions involve attempt to quiet title and 15-year statute of limitations applies).
(Medicaid case; state law disallowing otherwise available exclusions for assets from being deemed “available” assets for Medicaid eligibility purposes violates state Constitution’s equal protection clause; Medicaid applicant may use post-eligibility income to pay nursing home care expenses incurred before Medicaid eligibility achieved).
(Medicaid eligibility case; married couple established revocable trust in 2003 and deeded marital home to trust; in 2004, wife entered nursing home and trust later deeded home back to wife in her individual capacity; weeks later, wife filed application for Medicaid benefits; couple claimed that state Medicaid agency failed to include value of home in initial resource assessment (so as to increase the husband’s spousal share of couple’s resources); claim fails – home not treated as an available resource).
(state law allowing collection of filing fees and surcharges for estate claims held unconstitutional; “pick-up” tax amounted to an unconstitutional estate or inheritance tax masquerading as a graduated probate court user or filing fee; in CA, legislature, acting alone, cannot impose an inheritance or estate tax; in this case, calling a $74,762 filing fee a “court user fee” disingenuous).
(buyers of homes purchased from estate heirs liable for unpaid estate tax pursuant to IRS 10-year estate tax lien, and buyers could not challenge additional estate tax assessment because they were not the “taxpayer”; buyers’ liability covered by title insurance policies).
(lease agreement gave petitioners irrevocable option to buy leased property upon respondent presenting bona fide purchase offer from third party; respondent breached lease by failing to honor the option; because real estate is unique, and because petitioners timely exercised their option to purchase the property, specific performance is proper remedy).
(probate court properly determined that decedent's will met statutory formalities for will execution; evidence present that will witnessed at decedent's request and in his presence, through decedent's attorney and witnesses signing of will occurred within sight of decedent).
(state (California) estate tax may only be assessed in an amount equal to the maximum allowable amount of the credit for state death taxes permitted under the I.R.C., and if the tax does not result in a total state and federal death tax liability in excess of the liability owed to the U.S.).