In re Estate of Dower
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The Supreme Court affirmed the order of the district court denying Linda Dower motion for partial summary judgment wherein she argued that certain trust assets should be included in an estate in order to satisfy her statutory allowances, holding that there was no error or abuse of discretion.
Douglas Dower was married to Alyce Dower until her death in 2008. The couple had four children, including Jayne Dower Lux, and executed a revocable living trust. In 2011, Douglas married Linda. After Douglas died and during the probate process, Linda argued that certain trust assets should be included in the estate for purposes of satisfying her statutory allowances. The district court denied Linda's claims. The Supreme Court affirmed, holding that the district court (1) did not err when it concluded that trust assets were nonprobate assets and could only be used to satisfy Linda's statutory allowances when and to the extent the probate estate was insufficient; (2) did not err when it determined the probate estate was sufficient to satisfy Linda's statutory allowances through the abatement of her specific devises; and (3) did not abuse its discretion by denying Linda's motion to remove Lux as personal representative.
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