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Wills, Trusts & Estates Keyed to Sterk
Wilcox v. Gentry
Citation:
867 P.2d 281 (1994)Facts
In 1985, Frank Gentry established a revocable trust, with the provision that after his death, certain assets would be distributed to designated beneficiaries. The fifth share of the trust was to remain in trust until the death of Isabell Gentry, with the trustee having sole discretion over distributions to her, considering all available sources of income. Upon Isabell’s death, the trust would terminate, and the remaining balance would be distributed according to the proportions set forth in the trust. If Isabell predeceased Frank, the share would be divided between Mary Margaret and Eric Gentry or go entirely to the surviving individual. The court and appellate court agreed that the provisions concerning Isabell’s share were discretionary in nature, meaning the trustee had the authority to decide on distributions. After Frank’s death, Isabell was sued for fraud by Ron and Nancy Wilcox, who obtained a judgment of $40,000 in actual damages and $11,667.35 in punitive damages. The Wilcoxes attempted to garnish the trust to satisfy their judgment, but the outcome hinged on the trust’s discretionary nature, which lacked a spendthrift provision.
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11m 20s