Matter of Estate of Nagel

HARRIS, Justice.

A husband and wife placed their property in living revocable trusts. The settlors were killed simultaneously in an accident that precipitated a tort action brought by the estate of a third person, also killed in the accident. The question is whether trusts’ assets can be reached by the tort plaintiff even though the settlors’ deaths rendered the trusts irrevocable. The trial court determined the assets could be reached and we agree.

This case was submitted on stipulated facts. On November 10, 1995, a vehicle driven by Maleom Roe collided with another vehicle driven by Barbara…