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Keywords

jurisdictionstatuteappealprobatetrustwilldivorce
jurisdictionstatuteprobatetrustwill

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In re Estate of George, 265 P.3d 222, 2011 WY 157

Facts

Deanna Bess George executed a pour-over will and a revocable inter vivos trust intending to disinherit her surviving spouse, Terrance Poland. She transferred her inherited property to the trust in 2008 and initiated divorce proceedings in 2009, which were dismissed as moot upon her death in 2009. Poland filed a petition to probate a holographic will and sought an elective share, claiming that the property in the trust should be included, but the district court ruled against him, leading to his appeal.

Deanna Bess George executed a pour-over will and a revocable inter vivos Trust for the intended purpose of disinheriting her surviving spouse, Terrance Poland (Poland), and thereby effectively destroying his elective share under Wyo. Stat. Ann. § 2–5–101 (LexisNexis 2011) as to the property transferred to the Trust.

Issue

1. Can a revocable inter vivos trust with testamentary provisions be used by one party to a marriage to defeat the elective share of the surviving spouse under the Wyoming Probate Code? 2. Does the probate jurisdiction of the District Court extend to legal and equitable matters concerning the trust?

Can a revocable inter vivos trust with testamentary provisions be used by one party to a marriage to defeat the elective share of the surviving spouse under the Wyoming Probate Code? Does the probate jurisdiction of the District Court, having been invoked by the filing of a will and trust, extend to legal and equitable matters concerning the trust?

Rule

The Wyoming Probate Code's elective share provisions only apply to dispositions by will, and the decedent's intent to disinherit the surviving spouse through a trust is valid. The court also ruled that the probate court lacks jurisdiction over the trust and that timely filing of claims is necessary for jurisdiction.

The Wyoming Probate Code's elective share provisions only apply to dispositions by will, and the decedent's intent to disinherit the surviving spouse through a trust is valid.

Analysis

The court analyzed the decedent's intent as expressed in the trust documents, which clearly stated that the property transferred to the trust was to remain the separate property of the decedent and not subject to the elective share. The court emphasized that the elective share statute does not apply to non-probate assets, and since Poland failed to file a timely creditor's claim against the trust, the court lacked jurisdiction over that claim.

The court analyzed the decedent's intent as expressed in the trust documents, which clearly stated that the property transferred to the trust was to remain the separate property of the decedent and not subject to the elective share.

Conclusion

The Supreme Court affirmed the district court's rulings, concluding that the decedent's estate was not subject to Poland's elective share claim and that the trust was not under the jurisdiction of the probate court. Poland's claims were dismissed with prejudice.

The Supreme Court affirmed the district court's rulings, concluding that the decedent's estate was not subject to Poland's elective share claim and that the trust was not under the jurisdiction of the probate court.

Who won?

The decedent's estate and the trust prevailed in the case because the court upheld the decedent's intent to disinherit her spouse and ruled that the elective share statute did not apply to the trust assets.

The decedent's estate and the trust prevailed in the case because the court upheld the decedent's intent to disinherit her spouse and ruled that the elective share statute did not apply to the trust assets.

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