Karasek v. Lamping Trust

The decedent executed a testamentary trust in 1967 which provided that, if certain events occurred, the proceeds of the trust would go to his deceased children’s heirs at law. This provision became effective in 2003 when decedent’s wife died; however, in the interim the statutory definition of heirs at law changed. We conclude that the trust property should be distributed to the heirs as defined in 1967.

In 1967, decedent, William J. Lamping, Sr., executed a will which created a testamentary trust naming his wife, Grace, as life tenant until her death or remarriage. At that time the trust was…