Quimbee logo
DMCA.com Protection Status
From our private database of 16,200+ case briefs...

Linthicum v. Rudi

Supreme Court of Nevada
148 P.3d 746 (2006)


Clare Linthicum-Cobb executed a will and a revocable inter vivos trust of which Cobb was the trustee. In the trust, Cobb retained the right to amend or revoke without notifying the beneficiaries. Cobb named Ernette and Myrna Linthicum (plaintiffs), her brother and sister-in-law, primary beneficiaries upon her death and made them successor trustees if she became incapacitated. The trust provided that upon Cobb’s death, the trust would become irrevocable. Subsequently, Cobb executed an amended trust that made Arnold Rudi (defendant), her late husband’s nephew, as the successor trustee and primary beneficiary upon her death. After this document was executed, a guardianship proceeding was commenced by Rudi and Guardianship Services of Nevada (Guardianship Services), seeking co-guardianship of Cobb. Rudi withdrew his petition after Ernette and Myrna objected and the court granted Guardianship Services’ petition for guardianship. Ernette and Myrna then filed an action against Rudi seeking to cancel the amended trust or impose a constructive trust on the ground that the amended trust was the product of undue influence. Rudi moved to dismiss the complaint alleging Ernette and Myrna lacked standing to challenge Cobb’s revocable inter vivos trust during her lifetime because they had no legal interest in the trust until after Cobb died and the trust became irrevocable. In response, Ernette and Myrna argued that three statutes permitted them to challenge the validity of a revocable inter vivos trust during the settlor’s lifetime. Alternatively, Ernette and Myrna moved to be appointed as Cobb’s guardians ad litem to protect her interests during her incapacity. The district court ruled that Ernette and Myrna lacked standing and granted the motion to dismiss. The district court also denied Ernette and Myrna’s motion to be appointed guardians ad litem. Ernette and Myrna appealed to the Supreme Court of Nevada.

Rule of Law


Holding and Reasoning (Hardesty, 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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  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. Read more about Quimbee.

Here's why 355,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,200 briefs, keyed to 222 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.