In Re Estate of Mumby

Darlene Wood, the daughter of Dr. Samuel Mumby, petitioned to invalidate his living trust on grounds that James Caldwell, the executor and a beneficiary, exerted undue influence. Caldwell counterclaimed that the “no contest” clause barred Wood from taking as a beneficiary. The trial court held that the trust was properly executed and enforced the no contest provision. The court also concluded that the trust provided for estate taxes to be paid from the estate, rather than charged to each beneficiary. On appeal, Wood argues the trial court erred in: (1) concluding the trust was not the product…