Facts

Cleo Ford died more than 30 days after John Karavos, but before the distribution of the Karavos Family Trust. As successor trustee of the Karavos Family Trust, plaintiff Marsha O'Neill alleged it prevented Cleo Ford's estate from taking a share of the trust.

O'Neill interpleaded $81,128 into the court and named George Ford and Mary Ann Olson as defendants.

PLAINTIFF'S CONTENTIONS:
O'Neill claimed that the trust document was contradictory because it stated that a beneficiary could not receive distribution if he did not survive the distribution date, but also stated that a beneficiary's heirs could take the deceased beneficiary's share if the beneficiary survived the last surviving trustor by more than 30 days.

Result

The court could not find the alleged language in the trust that was quoted in the plaintiff's complaint. The court found that the trustor had intended any beneficiary who survived the last of the trustors by more than 30 days vested. As such, Cleo Ford's share will go to her trustee.

Other Information

FILING DATE: July 6, 2007.