Cook v. Brateng

262 P.3d 1228 (2010)

From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Cook v. Brateng

Washington Court of Appeals
262 P.3d 1228 (2010)

Facts

Elmer Cook created a living trust to provide for his own care during his lifetime. After Elmer’s death, the remainder of the trust would go primarily to his daughter, Diane Brateng (defendant), and his son, John Cook (plaintiff). The trust contained a provision requiring the trustee to report the trust’s financial activities to any income beneficiaries at least twice per year. Initially, Elmer and Brateng were cotrustees. As Elmer aged, he became incompetent, and Brateng became the sole trustee. Elmer had a nurse-caregiver for a period of time, but Brateng then became Elmer’s full-time caregiver. Brateng eventually moved Elmer into her house, where she cared for him for several years until his death. Brateng also cared for Elmer’s own house during this time. While Elmer was alive, John never asked Brateng for an accounting of the trust’s activities or inquired about the trust’s finances. After Elmer died, the trust contained Elmer’s house and approximately $16,500 in cash. Brateng submitted a claim to the trust for about $142,000 in unpaid caregiving expenses and services for the years that Brateng had cared for Elmer instead of paying for a nurse. Brateng’s claim was based on carefully maintained records of her expenses and time. John sued Brateng, claiming that Brateng was required to inform him before she made the decision to charge Elmer’s estate for her caregiving services instead of getting a mortgage on Elmer’s house to pay for a nurse to provide that care. The trial court found that Brateng had breached her duty to inform John about her intent to charge for her caregiving services and, therefore, could not now collect for these services. Brateng appealed.

Rule of Law

Issue

Holding and Reasoning (Bridgewater, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 815,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 815,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 815,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership