In re Estate of Thompson

After Decedent died in 2010, Appellee, Decedent’s wife, filed a complaint seeking to have a Will and Trust Decedent executed in 2009 set aside on grounds of incapacity and undue influence, or alternatively, to elect to take against the Will. The circuit court concluded (1) Appellee’s election take against the Will of Decedent was valid; and (2) Decedent’s intent in creating the Trust was to deprive Appellee of her elective share in his Estate, and therefore, the Trust assets would be included as part of the Estate for the limited purpose of calculating Appellee’s elective share. The Supreme Court affirmed, holding that the circuit court did not err in (1) including the assets of the Trust in Decedent’s estate; (2) finding that Decedent intended to defraud Appellee of her statutory rights to his property; and (3) finding that when a settlor creates an inter vivos revocable trust with the intent to deprive his or her surviving spouse of marital rights to property, then the trust assets will be included in the settlor probate estate for the limited purpose of calculating the elective share. View "In re Estate of Thompson" on Justia Law