Oldham v. Oldham
New Mexico Supreme Court
247 P.3d 736 (2011)
- Written by Tammy Boggs, JD
Facts
In 2004, David and Glenda Oldham (defendant), a married couple, executed a revocable trust as co-trustees. Upon the death of David or Glenda, the deceased spouse’s share of trust property would become irrevocable. At the same time that David and Glenda executed the trust, David executed a will, placing most of his property in the trust. In February 2007, David filed a petition for divorce. A few months later, David died. No final division of marital property or divorce decree had been entered. The son of David and Glenda, Dustin Oldham (plaintiff) initiated an action in probate court, arguing that a division of his parents’ marital property would revoke David’s will, leaving David’s property to pass through intestate succession. Glenda counterclaimed, seeking affirmation of the will and trust. The trial court ruled in Glenda’s favor. The court of appeals reversed. The New Mexico Supreme Court granted review to address procedural matters that arise when a party dies during a pending divorce.
Rule of Law
Issue
Holding and Reasoning (Daniels, C.J.)
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