Wills, Trusts & Estates keyed to Dobris
Wells v. Sanford
Nora Wells was declared physically incompetent in 1974 and appointed a guardian. In 1979 Wells’ son passed away leaving his estate in trust to his mother. The will provided that the son “give, devise, and bequeath my entire estate to Elvan G. Sanford, as Trustee to be held in trust for the use and benefit of my mother as long as she lives.” Wells owed an unpaid bill from her nursing home and the guardian petitioned the court for permission to sell Wells’ assets to pay the debt. Appellants, Wells’ surviving children, petitioned the court to have the trust assets sold to pay for the debt. The trial court dismissed the Appellant’s petition finding that the trust was intended by Wells’ son to be used to support her only if her own property was insufficient.
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