Radenhausen v. Doss

Leslie Manning Ausman Radenhausen, Marta Ausman Crews, and Margaret Ausman (hereinafter referred to collectively as "the Ausmans") appeal from the Madison Circuit Court's dismissal of that portion of their counterclaim requesting the court to impose a constructive trust on the assets of the Ausman Family Trust. We reverse and remand.

Factual Background

In 1987 Colonel Robert Paul Ausman executed a will. The will provided that if his wife, Bettye Ausman, predeceased him, half of his estate would go to his family and the remaining half of his estate would go to Bettye's family. Colonel Ausman's…