In re Trust of Lawrence B. Schwagerl
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The Supreme Court affirmed in part and reversed in part the decision of the court of appeals reversing the judgment of the district court in this case arising out of a dispute between the children of Lawrence and Phyllis Schwagerl over the disposition of assets owned by Lawrence's trust before his death, holding that the court of appeals erred in part.
The assets in this case included undivided half-interests in more than 700 acres of farm real estate owned by the family, as well as Lawrence and Phillis's residence and surrounding yard. The district court determined (1) the Lawrence Trust agreement created a family trust upon Lawrence's death and that his undivided half-interest in the farm real estate was distributed to that trust, and (2) Phillis waived her right to Lawrence's undivided half-interest in the couple's personal residence at the time of his death by intentionally leaving ownership of that property within the family trust.
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