Matter of Estate of Bolinger

284 Mont. 114, 943 P.2d 981 (1997)

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Matter of Estate of Bolinger

Montana Supreme Court
284 Mont. 114, 943 P.2d 981 (1997)

  • Written by Rose VanHofwegen, JD

Facts

Harry Bolinger intentionally disinherited his three children, leaving his entire estate to his father or stepmother as alternate. The will explained that Harry felt “confident” that anything his father or stepmother received from his estate “will be used in the best interests of my said children as my [parents] may determine in their exclusive discretion.” Harry appointed his father or stepmother personal representative, without bond or restriction of powers. Both believed Harry meant to create a trust to keep his ex-wife from obtaining control over his estate, as the children were minors when Harry wrote the will. When Harry died 11 years later, the children had reached majority, and they commenced an intestacy proceeding. Harry’s father petitioned to probate the will but declined to serve as personal representative, suggesting the court appoint Harry’s stepmother. The children objected, contending the will created a trust for their benefit. The court found the language created an express trust, but that it should be terminated and the assets distributed to the children because of admitted hostility between them and Harry’s stepmother, who would serve as trustee. Harry’s stepmother appealed, arguing the language was only precatory instead of creating a binding trust.

Rule of Law

Issue

Holding and Reasoning (Nelson, J.)

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Wills, Trusts, and Estates

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