Bell v. Estate of Bell

181 P.3d 708 (2008)

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Bell v. Estate of Bell

New Mexico Supreme Court
181 P.3d 708 (2008)

Facts

Five months before he married Vivian Bell (plaintiff), Ralph M. Bell created a revocable trust and an accompanying pour-over will. The will devised Ralph’s entire estate to the trustee of the revocable trust. The trust provided that, upon Ralph’s death, the entire trust estate was to be distributed in equal shares to Ralph’s two children, Ralph Mack Bell (defendant) and Dixie Roberta Heckendorn (defendant). Neither the will nor the trust referred to Ralph’s intent to marry Vivian, neither instrument expressed Ralph’s intention that the instrument be effective notwithstanding a future marriage, and neither instrument included Vivian as a beneficiary of Ralph’s estate. After Ralph’s death, Vivian filed a petition requesting that the court declare her an omitted spouse and award her an intestate share of Ralph’s estate. Vivian also requested that the value of assets transferred by Ralph to the trust before his death be included in his estate for purposes of calculating and satisfying her intestate share. The trial court found that Ralph’s will had devised his entire estate to his children and that Vivian was therefore not entitled to an intestate share of the estate. Vivian appealed.

Rule of Law

Issue

Holding and Reasoning (Castillo, J.)

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Casebooks

Wills, Trusts, and Estates

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