In re Irrevocable Trust Agreement of 1979

by
Daisy Monzo gifted a condominium that she owned to an irrevocable trust for the benefit of her daughter, Charron Monzo. Daisy subsequently signed another deed transferring the condo back into her own name. Charron filed a petition seeking an order requiring Daisy to transfer the condo back to the trust. The district court granted partial summary judgment for Daisy, concluding that Daisy’s execution of the deed transferring title to the condo into the trust was based on unilateral mistakes. Charron then filed this original writ petition challenging the district court’s partial summary judgment order. The Supreme Court granted the petition, holding (1) a donor may obtain relief from an erroneous gift if she proves by clear and convincing evidence that her intent was mistaken and not in accord with the donative transfer; (2) remedies available to correct such mistakes depend on the nature of the unilateral mistake in question; and (3) because it was uncertain what Daisy’s donative intent was at the time of the donative transfer, genuine issues of fact remained as to whether unilateral mistakes affected Daisy’s execution of the deed transferring the condo into the trust, and therefore, partial summary judgment was improper.View "In re Irrevocable Trust Agreement of 1979" on Justia Law