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Wills, Trusts & Estates Keyed to Bonfield
In re Estate of Kuralt
Citation:
15 P.3d 931 (Mont. 2000)Facts
Charles Kuralt and Elizabeth Shannon were in a secret relationship for nearly 30 years, during which Kuralt financially supported Shannon and her children. He transferred property to her, including a home in Ireland and a 20-acre Montana parcel with a cabin. In 1989, Kuralt executed a holographic will bequeathing his Montana property to Shannon. However, in 1994, he executed a formal will that omitted Shannon and left his estate to his wife, Petie, and children.
In 1997, Kuralt deeded the 20-acre parcel to Shannon in a disguised sale, providing the purchase money himself. He planned to transfer the remaining 90 acres in a similar way but fell ill before completing the transaction. Before his death, he sent Shannon a letter with checks and instructions regarding the Montana land. After Kuralt’s unexpected death, Shannon sought to probate this letter as a valid holographic codicil to his formal 1994 will.
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