This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Probate and Trusts
Will Contest
Breach of Oral and Written Agreements

Klein v. The Estate of Marvin R. Trevillian

Published: Jun. 10, 2006 | Result Date: Dec. 1, 2005 | Filing Date: Jan. 1, 1900 |

Case number: 1131887 Bench Decision –  Defense

Court

Santa Barbara Superior


Attorneys

Plaintiff

Valerie Viola Flugge

Linda M. Rottman

Bruce S. Ross


Defendant

Gary Arnold

David K. Hughes


Facts

This case consisted of a consolidation of three cases involving a will contest, a trust contest, and a complaint for breach of oral and written agreements. The plaintiffs were the ex-wife and two of the daughters of the deceased.

According to defense counsel, the essence of the claims was that decedent had breached oral and written agreements to leave property to his ex-wife and two of this daughters, and that his wife had unduly influenced him to create an estate plan which did not include his ex-wife, and largely disinherited two of his three daughters. Plaintiffs placed decedent's mental capacity at issue and argued that his estate planning decisions were the result of the undue influence of his wife.

The court tried the equitable claims first, and following trial, dismissed alternative legal theories that rested on the same facts which the court had already decided adversely to plaintiffs.

Damages

Plaintiffs sought 90 percent of the estate, which was worth $105 million.

Result

Per defense counsel, at the conclusion of the trial, the court found that the evidence did not show decedent's estate planning decisions were the result of undue influence, and further found that the decisions he made were his, and that he was alert and capable at all times. With regard to the contract claims, the court found that decedent had not breached the estate planning premarital agreement he had had with his ex-wife, that the agreement could be modified only in writing, and that such a modification never took place. The court further found that there was no admissible evidence of any oral agreement between either the decedent and his ex-wife that he would never divorce her or marry anyone else, or decedent and two of his daughters to leave them certain pieces of real property upon his death, as they alleged. Judgment was entered for defendant on all claims.


#100600

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390