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Wills Trusts & Estates keyed to Dukeminier
In re Estate and Trust of Pilafas
Facts
Pilafas created a trust in which eight nonprofit organizations were to receive a portion of the trust property upon his death. The remaining portion was to go to his wife and other stated relatives. He amended the trust twice and simultaneously executed a will at the same time that he amended the second trust. The attorney did not retain the originals of Pilafas’s will but to the best of his knowledge, gave the originals of the trust agreement, the amendments and the will to Pilafas. Pilafas kept meticulous records but his will and the trust with amendments could not be found among his personal things at death. Pilafas had a room filled with important documents including photographs and old divorce papers. After Pilafas died, his son sought a determination that Pilafas revoked his trust agreement and will. The trial court held that Pilafas had revoked his will and trust. The remainder beneficiaries appealed the decision of the trial court that Pilafas revoked his inter vivos trust and will and died intestate.
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