In re Estate of Herrle, No. 68928-2-1, 2013 Wash. App. LEXIS 2398 (Oct. 7, 2013)

(trial court improperly entered summary judgment in favor of estate in action seeking to quiet title to certain property in favor of the estate; a niece and her husband moved onto her uncle’s farm to take care of her uncle in his last days; the niece alleged that the uncle intended to leave the farm to her and her husband if they would pay $100,000; subsequent to this alleged promise, the uncle amended his trust twice and then passed away; in the final amendment the trust provided for a $150,000 distribution to the niece for the purpose of purchasing a house; however, the trust was to retain an interest in the house, to the extent that the niece used trust funds to purchase the property; the niece received a $150,000 distribution, purchased a $342,000 house, and failed to grant the trust any interest in the property; in reversing summary judgment for the estate, the court found that there was a genuine issue of material fact as to whether the payment to the niece was, as she contended, made in settlement of her claims against the estate or, as the estate contended, a distribution in accordance with the terms of the trust).