Tolson v. Clinton National Bank

CADY, Justice.

Robert Tolson, executor of the Patricia Tolson Estate, appeals from a district court’s declaratory judgment that insurance proceeds from damage to the testatrix’s homestead were not exempt from creditor claims. We determine the proceeds were exempt and reverse the decision of the district court. We remand for further proceedings.

I. Background Facts and Proceedings

Patricia Tolson died on September 9, 2002. In her will, she devised her homestead, located in Clinton, to her three children. The will also named one of her children, Robert Tolson, as executor. Robert subsequently…