In re Estate of Gardner
Arizona Court of Appeals
283 P.3d 676 (2012)
- Written by Salina Kennedy, JD
Facts
The trust of J. Scott Gardner (the decedent) granted a life estate in a home to Marlene Richardson (defendant) and granted the remainder interest in the home to the decedent’s children. After the decedent’s death, Richardson lived in the home, paid the related taxes and utility bills, and acknowledged that she was responsible for paying a portion of the mortgage. She also refused to allow the decedent’s children access to the property and wrote to Wayne Gardner (the trustee) (plaintiff) expressing her intention to live in the property until her death. The trustee filed a declaratory-judgment action to determine whether Richardson or the decedent’s children were responsible for paying the mortgage principal and interest. After the court held that Richardson was responsible for paying the mortgage interest, Richardson, who had lived in the property for nearly two years, attempted to disclaim her life estate. The trial court held that the disclaimer was ineffective, and Richardson appealed.
Rule of Law
Issue
Holding and Reasoning (Gould, J.)
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