Milton and Helen Boman had three childrenCynthia, Trudy and Wesley. Wesley helped his parents with their farming

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Milton and Helen Boman had three childrenCynthia, Trudy and Wesley. Wesley helped his parents with their farming operations in Hancock County, Iowa, for thirty years and shared in the profits equally with Milton. In 1997, Milton and Helen created a revocable trust which provided that, upon their deaths, Wesley and Trudy would serve as trustees, and each would receive one-half of the trust’s net income for twenty-five years. Thereafter, Wesley and Trudy would each receive one-half of all trust assets. Cynthia disclaimed any share in the trust. The relationship between the children deteriorated over the ensuing years based upon disagreements about how to address their parents’ declining health and Wesley’s drug addiction, recovery, divorce, and remarriage. Wesley’s relationship with Helen was particularly affected. In June 2011, Cynthia and Trudy persuaded their parents to disinherit Wesley despite the fact that Milton appeared to be suffering from significant mental deterioration. Wesley did not learn of his disinheritance until Helen’s death in March 2012. Wesley discussed this matter with Milton shortly thereafter who informed him that it did not seem fair. Cynthia and Trudy responded by restricting Wesley’s ability to visit Milton, alleging to local law enforcement that Wesley remained connected to drugs and had converted property from the farm and sold it for his personal benefit. Milton died in February 2013, and Cynthia and Trudy successfully concealed his death from Wesley. Milton’s will was admitted for probate shortly thereafter. Wesley subsequently initiated litigation against Cynthia and Trudy claiming, in part, intentional interference with his expectation of inheritance. What elements are required to prove such a claim? Did Wesley successfully meet his burden of proof in this case?

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Dynamic Business Law

ISBN: 9781260247893

5th Edition

Authors: Nancy Kubasek, M. Neil Browne, Daniel Herron, Lucien Dhooge, Linda Barkacs

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