Pollard v. H.C. Partnership d/b/a Hill Crest Behavioral Health Services

Court: Supreme Court of Alabama

Docket: 1180795

Opinion Date: March 13, 2020

Judge: Michael F. Bolin

Areas of Law: Civil Procedure, Medical Malpractice, Professional Malpractice & Ethics, Trusts & Estates

The estate of Ed Young, deceased, by and through its personal representative, Fannie Pollard, appealed the grant of summary judgment entered in favor of H.C. Partnership d/b/a Hill Crest Behavioral Health Services ("Hill Crest") in a wrongful-death action alleging medical malpractice. On May 7, 2017, the estate of Ed Young sued Hill Crest alleging that Hill Crest caused Young's death on May 9, 2015, by improperly administering the antipsychotic drugs Haldol and Thorazine to Young as a chemical restraint without taking a proper medical history and evaluating him. The style of the complaint indicated that it was filed by the "Estate of Ed Young and Fannie M. Pollard as personal representative of the Estate of Ed Young." On May 8, 2017, the probate court appointed Fannie M. Pollard as administrator of Young's estate. On May 9, 2017, the two-year limitations period under Alabama's wrongful-death act expired. On June 15, 2017, the estate filed an amended complaint, adding additional claims against Hill Crest. The amended complaint listed as plaintiffs the estate and Pollard as the personal representative of the estate. The parties then engaged in discovery. In 2019, Hill Crest moved for summary judgment, arguing that Pollard was not the personal representative of the estate when the complaint was filed, and therefore she lacked capacity to bring suit. Furthermore, Hill Crest argued the complaint was a nullity and there was no properly filed underlying action to which Pollard's subsequent appointment as personal representative could relate. The Alabama Supreme Court found Hill Crest's argument regarding the relation-back doctrine as unavailing: "the relation-back doctrine 'simply recognizes and clarifies what has already occurred' in that application of the doctrine does not extend the limitations period but merely allows substitution of a party in a suit otherwise timely filed." Summary judgment was reversed and the matter remanded for further proceedings.

Knopik v. Shelby Investments, LLC

Court: Supreme Court of Missouri

Docket: SC97985

Opinion Date: March 17, 2020

Judge: Mary R. Russell

Areas of Law: Trusts & Estates

The Supreme Court affirmed the judgment of the circuit court finding that the petition filed by a trust's sole beneficiary seeking removal of the trustee violated the trust's no-contest clause and in entering summary judgment in the trustee's favor on its declaratory judgment claim, holding that the no-contest clause in the trust document was enforceable. After the beneficiary in this case stopped receiving distributions from the trust, he filed suit against the trustee for removal of the trustee and breach of trust. The trustee filed a counterclaim seeking a judgment declaring that the petition violated the trust instrument's no-contest clause and thus canceled and revoked all trust provisions in the beneficiary's favor. The circuit court sustained the motion for summary judgment on the trustee's counterclaim. The Supreme Court affirmed, holding that because the beneficiary did not seek relief form the no-contest clause pursuant to Mo. Rev. Stat. 456.4-420 and instead filed a petition asserting the claims the settlor unambiguously stated would forfeit the beneficiary's interest in the trust, the circuit court properly found the petition violated the trust's no-contest clause.

Matter of Hogen Trust B

Court: North Dakota Supreme Court

Citation: 2020 ND 71

Opinion Date: March 19, 2020

Judge: Lisa K. Fair McEvers

Areas of Law: Trusts & Estates

Rodney Hogen appealed an order denying his motion and an order terminating a trust. He argued on appeal he should have received additional funds from the Trust. Specifically, Rodney argued the district court’s previous order, and the North Dakota Supreme Court’s opinion affirming the order, permitted only $208,000, and no additional funds, to be taken from his share. Rodney argued the prior order was binding and the order by the court denying his motion impermissibly changed the meaning of the prior order. Rodney also argues the court erred in terminating the Trust. Finding no reversible error, the North Dakota Supreme Court affirmed.

Hunter v. Hunter

Court: Supreme Court of Virginia

Docket: 190260

Opinion Date: March 12, 2020

Judge: Kelsey

Areas of Law: Trusts & Estates

The Supreme Court reversed the judgment of the circuit court granting summary judgment in favor of the trustee of a living trust and dismissing with prejudice the beneficiary's declaratory judgment action seeking a judicial interpretation of two provisions of the trust, holding that the circuit court erred in dismissing the beneficiary's complaint. In response to the declaratory judgment action, the trustee filed a counterclaim seeking a declaratory judgment that the beneficiary's action had violated a no-contest provision of the trust, and therefore, the circuit court should revoke the beneficiary's interest in the trust. The circuit court granted summary judgment to the trustee on her counterclaim and directed the beneficiary to pay the trustee attorney fees. The Supreme Court reversed, holding that the beneficiary's complaint did not violate the no-contest provision of the trust and thus require the forfeiture of the beneficiary's interest in the trust.