In re Robert L. McDowell Revocable Trust

In this dispute between the adult children of Robert T. McDowell and Betty Jane McDowell, the county court found ineffective Betty’s exercise of a limited power of appointment given to her by Robert’s trust when she appointed the assets in Robert’s trust to her own revocable trust. The court ordered that the assets be recovered and distributed through Robert’s trust. The Supreme Court modified the county court’s decision to the extent it failed to find that the trustee of Robert’s trust breached the trust and otherwise affirmed, holding that the trustee breached the trust when he distributed certain trust assets pursuant to an invalid exercise of appointment. View "In re Robert L. McDowell Revocable Trust" on Justia Law