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Wills, Trusts & Estates Keyed to Sterk
Rafert v. Meyer
Citation:
859 N.W.2d 332 (2015)Facts
On March 17, 2009, Jlee Rafert executed an irrevocable trust for the benefit of her four daughters, with Robert J. Meyer as the trustee. Meyer prepared the trust instrument, which named him as trustee but did not meet with Rafert to explain the trust’s provisions or the responsibility for monitoring the insurance policies held by the trust. Meyer signed three life insurance applications, listing the trust as the policy owner but provided a false South Dakota address for correspondence. The insurers, TransAmerica, Lincoln Benefit, and Lincoln National, sent premium notices to this incorrect address, but Meyer, residing in Nebraska, did not receive the notices. Despite Rafert paying the initial premiums in 2009, the policies lapsed in 2010 due to nonpayment, and final notices were sent by the insurers in 2010 and 2011, informing Meyer of the lapse and offering the option for reinstatement.
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