In re Elaine Emma Short Revocable Living Trust Agreement
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The Supreme Court vacated the judgment of the intermediate court of appeals (ICA) upholding an order and judgment of the probate court that modified a trust provision regarding the distribution of trust principal without issuing findings of fact to explain or support its ruling, holding that the ICA erred.
On appeal from the judgment of the ICA, Appellants argued that the ICA erred by weighing conflicting evidence to determine the settlor's intent and ignoring other evidence to resolve an ambiguity in the trust without holding a hearing and by affirming the probate court's decision to deny Appellants any financial information regarding the trust despite the trustee's statutory duty to produce this information. The Supreme Court vacated the ICA's judgment on appeal, holding (1) the absence of factual findings by the probate court did not enable to the ICA to meaningfully review the basis of the probate court's order modifying the trust, and the ICA erred in relying on selective extrinsic evidence; and (2) the ICA erred when it concluded that the terms of the trust can supersede the trustee's statutory duty to provide accounts information to contingent beneficiaries of the trust.
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