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Wills, Trusts & Estates Keyed to Sterk
Kappus v. Kappus
Citation:
284 S.W.3d 831 (2009)Facts
James Kappus and his brother John co-owned 49.482 acres in Anderson County after the dissolution of their family partnership following their father’s death in 2001. James divorced Sandra in 2004, granting her an equitable lien for half the community improvements on the land. After James’s death in 2005, John, as independent executor, planned to sell the property to pay James’s debts, dividing proceeds equally between himself and the estate. Sandra contested this distribution on behalf of their children, claiming the estate was entitled to more due to James’s contributions to property improvements. She obtained an injunction blocking the sale and sought John’s removal as executor and trustee, citing conflicts of interest and alleged mismanagement.
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