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Wills, Trusts & Estates keyed to Dobris
In re Harold Pozarny
Facts
Decedent left a will which was a compilation of several pre-printed forms, left his entire estate to the “Harold Pozarny Revocable Living Trust.” Petitioner beneficiary filed a petition to have the will admitted to probate. The trial court found the will and trust were so ambiguously worded that it is was impossible to determine the Decedent’s wishes regarding the nomination of the fiduciary and the Decedent’s dispositive intent. The Respondents, Decedent’s intestate distrubutees, argued that the merger of legal and equitable interest rendered the trust ineffective and that the pour-over of the estate into the trust was not the Decedent’s intent.
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