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Matter of Estate of McClure

Matter of Estate of McClure, 2016 MT 253 (Oct. 11, 2016) (Baker, J.) (5-0, aff’d & rev’d)

Issue: (1) Whether widow has an interest in the trust assets, and (2) whether McClure’s children forfeited their interest in the trust.

Short Answer: (1) Yes, and (2) no.

Affirmed and reversed

Facts: Jack McClure and his wife, Dixie, established a revocable living trust in 1993, using a form they obtained from an out-of-state company, which also provided Jack and Dixie with a binder of documents. The trust agreement stated that the trust’s primary purpose was to provide for Jack and Dixie during their lifetimes. It further provided that upon the death of either Jack or Dixie, the living spouse was to divide the trust estate into two more separate trusts – a survivor’s trust, which would continue to be revocable, and a decedent’s trust, which would be irrevocable.…