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Wills, Trusts & Estates Keyed to Sterk
Knopik v. Shelby Investments, LLC
Citation:
597 S.W.3d 189 (2020)Facts
In December 2016, Gift L.L.C. (the “Settlor”) created the Knopik Irrevocable Trust (the “Trust”), appointing Shelby Investments, L.L.C. (the “Trustee”) and Samuel Knopik (the “Beneficiary”). The Trust provided the Beneficiary with $100 per month from December 2016 to December 2020. Provision 12, the “No Contest” clause, stated that any contest or claim by the Beneficiary would revoke all provisions in their favor and return the Trust to the Settlor. The Trustee made a single distribution in February 2017 but no further payments. In August 2017, the Beneficiary sued for breach of trust and to remove the Trustee. The Trustee counterclaimed, arguing that the Beneficiary’s actions violated the “No Contest” provision, which would cancel the Beneficiary’s benefits. Both parties filed motions for summary judgment.
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