In re Estate of Lowrie

118 Cal. App. 4th 220, 12 Cal. Rptr. 3d 828 (2004)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

In re Estate of Lowrie

California Court of Appeal
118 Cal. App. 4th 220, 12 Cal. Rptr. 3d 828 (2004)

Facts

After her husband died, Laura Lowrie created a pour-over will and trust, which placed most of her $1 million in assets in a trust while she was alive. Laura named herself as trustee, with her son, Sheldon Lowrie (defendant), next in line and cherished granddaughter Lynelle Goodreau (plaintiff) next after him to manage the trust. Under these documents, when Laura died, Goodreau was to receive one of Laura’s two houses, and Laura’s two other children were each to get $10,000. The rest of Laura’s property, which was most of her assets, was to go to Sheldon first or else to Goodreau if Sheldon died before Laura. Lastly, Laura named Sheldon as the future executor of her estate and Goodreau as the next executrix in line if Sheldon were unavailable. However, over the next several years, Sheldon abused and manipulated Laura and isolated her from the rest of her family. For example, Sheldon refused to let family visit Laura, locked her in her house using a security door, duct taped her telephones to prevent calls, delayed getting her medical care, and did not help her with her personal hygiene. During this time, Laura amended the trust to change Goodreau’s gift of the house to just a $10,000 payment. Laura then transferred that house and all of Laura’s personal property to Sheldon. Laura also resigned as trustee, and Sheldon became the trustee who handled Laura’s assets. After Laura died, Goodreau challenged the distribution of Laura’s estate. Goodreau sought, among other actions, to void the trust amendment, set aside the house transfer to Sheldon, make Sheldon pay damages, and have Sheldon disinherited. The trial court found that there was clear and convincing evidence that Sheldon had abused Laura through neglect, isolation, and financial abuse. The trial court disinherited Sheldon and ruled that he owed damages of approximately $250,000 for pain and suffering, $665,000 for financial abuse, $390,000 for Goodreau’s attorney’s fees, $33,000 in litigation costs, and $50,000 in punitive damages. Sheldon appealed.

Rule of Law

Issue

Holding and Reasoning (Aldrich, 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 832,000 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 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 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 832,000 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
  • 46,500 briefs - keyed to 994 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