Justia Family Law Opinion Summaries

The estate of husband, William E. Simendinger, appealed an injunction order by the Superior Court that encumbered all real property held by the estate. Husband's estate also challenged the family court's award of attorney's fees. Wife Connie Simendinger and husband were married in 1987. They divorced in 2014. The final order and decree of divorce incorporated a stipulation between the parties, which provided in pertinent part that in lieu of alimony, the husband shall pay to the wife the sum of $2,250,000 ($50,000 within 30 days and the balance of $2,200,000 in one year). This amount was secured by real estate, and had been owned solely by the husband, free and clear of all mortgages. Wife received the $50,000, but husband did not subsequently pay the $2.2 million balance or secure the unpaid amount in real estate. After the thirty-day deadline passed, wife filed a motion for contempt and enforcement, as well as a motion for attorney's fees. The family court set a hearing date for August 2014 to determine how best to proceed. The decree nisi became absolute on May 3, 2014. Then husband died unexpectedly on July 14. His estate was substituted as party. The family court denied the contempt motion, and enjoined the estate from disposing or otherwise encumbering any real estate that might be subject to the divorce decree stipulation. On appeal, husband's estate argued that the family court abused its discretion by: (1) issuing an injunction against husband's estate absent a hearing to show that husband had violated a court order; (2) including certain "business properties" within the scope of the injunction; and (3) awarding attorney's fees to wife without first clearly establishing a factual basis to support an award of attorney's fees. Upon review of the family court record, the Supreme Court found no reversible error, and affirmed. View "Simendinger v. Simendinger" on Justia Law

In 2010, the divorce court entered a decree of divorce dissolving the marriage of Charles Dahl and Kim Dahl. Kim appealed, challenging several of the district court’s rulings in the divorce case. Kim also appealed the dismissal of her claims in a separate, but related, lawsuit involving marital assets contained in the Dahl Family Irrevocable Trust. The district court consolidated, sua sponte, these cases for the purposes of appeal and remanded the consolidated case to the divorce court, holding that the Trust should have been joined as a party to the divorce action. View "Dahl v. Dahl" on Justia Law

B.K.J. appealed a district court order appointing J.W. and Guardian and Protective Services, Inc. ("G.A.P.S"), as her co-guardians. B.K.J.'s niece, J.W., petitioned for the appointment of a guardian and a conservator on grounds B.K.J. suffered mild to moderate Alzheimer's disease and dementia and had shown decline in her ability to care for herself and her finances. Particularly, J.W. asserted B.K.J. had over $600,000 in unpaid taxes, interest, and penalties and had allegedly been taken advantage of monetarily by certain friends and family members. After a hearing for emergency guardianship, the district court appointed J.W. and G.A.P.S. as emergency co-guardians to B.K.J. pending further hearing. The district court appointed a physician and a visitor to examine B.K.J., and an attorney to represent B.K.J. as guardian ad litem. A hearing was held on the petition. At the beginning of the hearing, the parties stipulated that a guardianship was necessary for B.K.J., and that she did not oppose the appointment of First International Bank as her conservator. The court-appointed physician, the court-appointed visitor, B.K.J.'s guardian ad litem, and others testified regarding the extent of B.K.J.'s incapacity, the necessity of a guardian, and who should be appointed as B.K.J.'s guardian. B.K.J. testified that she did not want J.W. appointed as her guardian and nominated two of her friends, F.C. and T.C., to be appointed as her co-guardians. The district court appointed First International Bank as B.K.J.'s conservator and appointed J.W. and G.A.P.S. as B.K.J.'s co-guardians, concluding the evidence established they were the proper and best qualified persons to serve as her guardians and represent the best interests of B.K.J. B.K.J. appealed. The Supreme Court affirmed, concluding the district court did not abuse its discretion in appointing J.W. and G.A.P.S. as B.K.J.'s co-guardians. View "Guardianship/Conservatorship of B.K.J." on Justia Law

Mary is the child of the marriage of Marion and Herbert Sanders. Marion executed a will in California, placing her separate property assets in the Trust and providing that Mary would receive the Trust income during her lifetime. Upon Mary’s death, the remainder of the Trust was to be distributed “for the benefit of the then living issue” of Mary. The will defined ‘’issue" as lawful lineal descendants of all degrees, including legally adopted children. If Mary had “no living issue” surviving, Jody was to become the income beneficiary of the Trust. In 2013, Mary adopted Andrew, the adult son of a close friend, and sought a declaration of Andrew's rights. The probate court concluded that Andrew did not fall within this definition of “issue” because he had been adopted as an adult under Texas adoption statutes. The probate court believed that a Texas parent-child relationship did not encompass the same rights and duties as a California parent-child relationship. The court of appeal reversed. California cannot devalue a parent-child relationship simply because it was created, whether by biology or adoption, in a sister state that imposes different rights and duties. Those policy choices do not alter the status of the relationship. View "Sanders v. Yanez" on Justia Law

Prior to his death and after consulting a lawyer about divorcing Wife, Husband changed the beneficiary on his term life insurance policy from Wife to Respondents, his parents and sister. Less than four months before Husband’s death, Wife petitioned for dissolution of marriage to Husband. Following Husband’s death, the district court dismissed the dissolution proceeding. Wife subsequently filed suit against Respondents, alleging that Husband’s transfer violated Minn. Stat. 518.58(1)(a), which prohibits the transfer of “marital assets” by a party who contemplates commencing a marriage dissolution. The district court granted summary judgment to Respondents. The court of appeals affirmed, holding that section 518.58(1)(a) did not apply to Wife’s claim because her dissolution proceeding abated upon Husband’s death and the statute applies only in current dissolution proceedings. The Supreme Court affirmed, holding that because the language of section 518.58(1)(a) limits the statute’s application to pending dissolution proceedings, the statute did not provide Wife, who was no longer a party to a marital dissolution proceeding, a remedy in this case. View "Nelson v. Nelson" on Justia Law

Lillian and Jimmie Lee Johnson were married for 37 years, and together, raised her grandniece, Jessica Rogers. In 2005, Ms. Johnson made a will that included a number of bequests to Rogers. Ms. Johnson died in 2011, and Mr. Johnson then sought to probate her will. Rogers filed a caveat, asserting that she had been adopted by Ms. Johnson after the will was made, which would entitle her to an intestate share of the estate Although Rogers was unable to point to any statutory adoption by Ms. Johnson, she claimed nonetheless that she had been adopted pursuant to the equitable doctrine of “virtual adoption.” The probate court agreed that Rogers was “virtually adopted” by Ms. Johnson after she made her will, and so, the probate court admitted the will to probate, but subject to Rogers taking an intestate share of the estate. Mr. Johnson appealed, arguing the doctrine of virtual adoption had no application in a case in which the decedent disposed of her entire estate by will. The Supreme Court agreed, and for that reason, affirmed the admission of the will to probate, but reversed that part of the judgment holding Rogers was entitled to an intestate share. View "Johnson v. Rogers" on Justia Law

In 2010, Nancy Powell-Ferri (Nancy) filed an action, which was still pending at the time of the present action, for dissolution of her marriage to Paul John Ferri (Paul). After Plaintiffs, the trustees of a 1983 trust created by Paul’s father for the sole benefit of Paul, transferred a substantial portion of the assets in the 1983 trust to a 2011 trust created by Plaintiffs, Plaintiffs instituted this declaratory judgment action seeking a ruling that they had validly exercised their authority in transferring the assets and that Nancy had no interest in the trust assets. Nancy filed a cross complaint alleging that Paul had breached his duty to preserve marital assets during the pendency of the marital dissolution action by failing to take affirmative steps to contest the decanting of certain assets from the trust. The trial court granted summary judgment for Paul, concluding that Nancy failed to state a cause of action. The Supreme Court affirmed, holding that the State does not require a party to a dissolution action to take affirmative steps to recover marital assets taken by a third party without a finding of dissipation. View "Ferri v. Powell-Ferri" on Justia Law

When Respondent was born, her birth certificate identified Decedent as her father. Decedent later married Respondent’s mother but never formally established or challenged his status as Respondent’s father. When Decedent died, Appellants, Decedent’s sister and nephew, filed an ex parte petition for appointment as special administrators of Decedent’s estate. The petition identified Decedent’s siblings and their issue as his heirs, and Respondent was identified as Decedent’s stepdaughter. The district court made Appellants co-administrators of the estate. Respondent then filed a petition for revocation of the letters of special administration and for appointment as the special administrator, arguing that, as Decedent’s child, she had priority in appointment. The probate commissioner suggested that the district court find Respondent was Decedent’s child and entitled to appointment as administrator. The district court ordered that the report and recommendation be fully accepted and adopted. The Supreme Court affirmed, holding (1) paternity contests in intestacy proceedings are governed by the Nevada Parentage Act; and (2) Appellants were time-barred by, and lacked standing under, the Nevada Parentage Act to challenge Respondent’s presumptive paternity. View "In re Estate of Murray" on Justia Law

Reverend Flesher participated in benefits plans administered by the Ministers and Missionaries Benefit Board (MMBB), a New York not‐for‐profit corporation. Flesher entered into the plans while married to Snow. Snow, also a reverend and MMBB policyholder, was listed as the primary beneficiary on both of Flesher’s plans. Snow’s father was the contingent beneficiary. When Flesher and Snow divorced in 2008 they signed a Marital Settlement Agreement; each agreed to relinquish rights to inherit from the other and was allowed to change the beneficiaries on their respective MMBB plans. Flesher, then domiciled in Colorado, died in 2011 without changing his beneficiaries. MMBB , unable to determine how to distribute the funds, and filed an interpleader suit. The district court discharged MMBB from liability, applied New York law, and held that Flesher’s estate was entitled to the funds. The Second Circuit certified to the New York Court of Appeals the question: whether a governing‐law provision that states that the contract will be governed by and construed in accordance with the laws of New York, in a contract not consummated pursuant to New York General Obligations Law 5‐1401, requires the application of New York Estates, Powers & Trusts Law 3‐5.1(b)(2), which may, in turn, require application of the law of another state. View "Ministers & Missionaries Benefit Bd. v. Snow" on Justia Law

Charles William White (“Bill”) and his son Charles Thomas White (“Tommy”), were partners in a business that owned and operated convenience stores. In 2000, during the course of the partnership, Bill married Anita White. In 2005, Tommy bought his father’s share of the partnership for $42,600, but in dissolving the partnership, Bill and Tommy neglected to execute and file deeds transferring the partnership’s real property. In early 2009, Bill’s health declined rapidly, and Anita and Tommy began to clash over Bill’s healthcare. During this time, Tommy realized that he and his father had failed to execute deeds transferring the partnership’s real-property assets. Tommy used a durable power of attorney his father had given him years before to execute quit-claim deeds transferring the partnership property to himself. Bill and Anita continued to clash over who had authority to make healthcare decisions for Bill, so Tommy filed a petition for a conservatorship for his father’s benefit and sought appointment as his father’s conservator. Anita filed a counterclaim to challenge Tommy’s fitness to serve as his father’s conservator and sought to have Tommy return all assets he had transferred to himself using his father’s power of attorney. The chancellor agreed that a conservatorship was appropriate, but he appointed a third party as Bill’s conservator. Bill died in 2009, and at that time, the conservator filed a motion asking to be discharged from his duties and to be allowed to distribute the assets of the conservatorship to Bill’s estate. The parties agreed to an order discharging the conservator and to a distribution of funds held by the conservator to Bill’s estate. The chancellor’s order made no mention of Anita’s action to set aside the deed transfers. In 2010, Anita filed suit to set aside the quit-claim deeds and to redeem the real property Tommy had acquired using his father’s power of attorney. The parties filed cross-motions for summary judgment. The chancellor held that Anita’s action was barred by res judicata, granted Tommy’s motion, and denied Anita’s cross-motion. The Supreme Court found that the judgment dismissing the conservatorship was not a final judgment on the merits, and reversed. View "In the Matter of the Estate of Charles William White" on Justia Law