Case Summaries

(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).

(issues of fact remain concerning whether decedent intended to make gift of John Deere track loader to defendant and whether constructive delivery occurred). 

(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). 

(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).  

(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).

(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).

(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).

(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).

(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).

(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).

(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).