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Wills, Trusts & Estates keyed to Weisbord
Keith v. Lulofs
Citation:
724 S.E.2d 695 (2012)Facts
Arvid L. Keith, Jr. and Lucy F. Keith married in 1972, each bringing a child from a previous marriage—Arvid had son Walter Steven Keith, and Lucy had daughter Venocia W. Lulofs. On December 9, 1987, they executed mirror-image wills leaving their estates first to the surviving spouse, then equally to Keith and Lulofs. Arvid died on March 21, 1996, and his estate passed to Lucy under the 1987 will. Shortly after Arvid’s death, on May 17, 1996, Lucy executed a new will leaving her entire estate to Lulofs with no provision for Keith. Lucy died in 2006. The parties also took out a life insurance policy in 1994 naming both children as equal beneficiaries, which Lucy subsequently changed twice after Arvid’s death, ultimately leaving 100% to Lulofs. Keith testified about conversations regarding reciprocal wills and the insurance policy, but the attorney who drafted the wills had no recollection of the circumstances or the testators’ intent.
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