Aimone v. Aimone
| Decision Date | 09 May 2023 |
| Docket Number | S-22-0213,S-22-0220 |
| Citation | 2023 WY 43 |
| Parties | CHRISTINE E. AIMONE, individually and as successor Trustee of the Martin Aimone Revocable Trust Agreement dated the 18th day of March, 1993, as amended, and as Executor of the Estate of Martin Aimone; and FRANCES COLLEEN AIMONE, individually and as successor Trustee of the Gay C. Aimone Revocable Trust Agreement dated the 18th day of March, 1993, as amended, Appellants (Defendants), v. BENJAMIN W. AIMONE; MATTHEW M. AIMONE; WILLIAM B. AIMONE; JONATHON I. AIMONE, individually and as Executor of the Estate of Bruce William Aimone; MICHAEL J. AIMONE; AMANDA M. AIMONE; THOMAS A. AIMONE; JACOB D. AIMONE; and BEHLEE A. AIMONE, Appellees (Plaintiffs). BENJAMIN W. AIMONE; MATTHEW M. AIMONE; WILLIAM B. AIMONE; and JONATHON I. AIMONE, individually and as Executor of the Estate of Bruce William Aimone, Appellants (Plaintiffs), v. CHRISTINE E. AIMONE, individually and as successor Trustee of the Martin Aimone Revocable Trust Agreement dated the 18th day of March, 1993, as amended, and as Executor of the Estate of Martin Aimone; and FRANCES COLLEEN AIMONE, individually and as successor Trustee of the Gay C. Aimone Revocable Trust Agreement dated the 18th day of March, 1993, as amended, Appellees (Defendants). |
| Court | Wyoming Supreme Court |
Appeal from the District Court of Uinta County The Honorable Joseph B. Bluemel, Judge
Representing Christine E. Aimone and Frances Colleen Aimone:
C. M Aron, Aron Law, Lawrence, Kansas.
Representing Benjamin W. Aimone, Matthew M. Aimone, William B. Aimone, and Jonathon Isaac Aimone:
Tyler J. Garrett and Kari Hartman, Hathaway & Kunz LLP Cheyenne, Wyoming. Argument by Tyler J. Garrett.
Representing Michael J. Aimone, Amanda M. Aimone, Thomas A. Aimone, Jacob D. Aimone, and Behlee A. Aimone:
Judith Studer and Carissa D. Mobley, Schwartz, Bon, Walker & Studer, LLC, Casper, Wyoming. Argument by Carissa D. Mobley.
Before FOX, C.J., and KAUTZ, BOOMGAARDEN, GRAY, and FENN, JJ.
[¶1] These consolidated appeals stem from a dispute between the children and grandchildren of Martin and Gay Aimone (the Aimones) regarding their inheritances and ownership interests in the family ranch. In Appeal No. S-22-0213, the Aimones' surviving children, Frances Colleen Aimone (Colleen) and Christine E. Aimone (Chris), challenge the district court's reformation of Gay's Trust to reflect her intention that all her surviving children and grandchildren be beneficiaries under the trust. In Appeal No. S-22-0220, four of the Aimones' grandchildren, Ben, Matt, Bo, and Jon Aimone (the Aimone brothers), challenge the district court's rejection of their claims that Chris and Colleen violated their fiduciary obligations; Chris as manager of one of the Aimone entities, and Colleen as trustee of Gay's Trust. They also challenge the court's finding that Chris and Colleen did not violate the no-contest clause of Gay's Trust.
[¶2] We affirm the district court's ruling in Appeal No. S-22-0213 concerning the intention of Gay's Trust, though on different grounds. We conclude the court erred in finding that Chris and Colleen did not breach their respective fiduciary duties and thus reverse its ruling in Appeal No. S-22-0220.
[¶3] Chris and Colleen Aimone bring two issues on appeal which we reframe into one:
1. Under the plain language of Gay's Trust, were her grandchildren beneficiaries if their father predeceased Martin but not Gay?
[¶4] The Aimone brothers appeal three issues:
[¶5] Martin and Gay Aimone had four children and ten grandchildren. Colleen had no children; Joe had two children Amanda and Michael; Bruce had seven children, Ben, Matt, Bo, Jon, Thomas, Jake, and Behlee; and Chris had one child, Stormy. Martin and Gay's children were raised on the ranch and helped work it both as children and adults. Their grandchildren were also raised on or near the ranch and helped work the ranch. As an adult, Bruce worked the family ranch mostly full-time while the other children worked occasionally and balanced other jobs.
[¶6] Martin and Gay developed an estate plan with their attorney, Timothy Beppler. Martin and Gay drafted identical trusts, The Gay C. Aimone Revocable Trust Agreement (Gay's Trust) and The Martin Aimone Revocable Trust Agreement (Martin's Trust), with a general plan to pass down their properties to their children. Gay amended her trust once in March 1997 and Martin amended his trust several times before his death. These trusts and amendments will be discussed in greater detail as necessary.
[¶7] Gay passed away in December 1999 and was survived by her husband and all her children and grandchildren. Joe and Bruce passed away in 2005 and 2013, respectively. They predeceased their father, Martin; their two siblings, Colleen and Chris; and their children. Martin died in 2014. When Martin died, the assets of his and Gay's trusts were to be distributed according to their terms. Among those assets were three separate ranch properties.
[¶8] The "Home Ranch" consists of 2,611 acres west of Fort Bridger and a roughly 12,000-acre federal lease south of Fort Bridger. "Black's Fork" is a 40,000-acre parcel east of the Home Ranch that includes federal and state leases. The "Rasmussen" parcel is 160 acres and is divided into the North 80 and South 80, with the South 80 providing access to the summer range. The Aimones placed ownership of these ranching properties in various entities and in Martin's and Gay's trusts.
[¶9] Martin Aimone & Sons is a Wyoming general partnership that was owned in equal shares by Martin, Bruce, and Joe. Martin Aimone & Sons owned and operated the Black's Fork parcel and its leases. In 1993, Martin transferred his partnership interest to his trust. When Joe died in 2005, his share transferred to his wife, who then assigned the interest to Martin's Trust and Bruce so that Martin's Trust owned 50% and Bruce owned 50% of the partnership. After Bruce died in 2013, his 50% interest passed to four of his children, Ben, Matt, Bo, and Jon. Upon Martin's death in 2014, his trust passed its 50% interest to Chris and Colleen. The partnership is now owned in shares, 25% by Chris, 25% by Colleen, and 12.5% by each of the Aimone brothers.
[¶10] Martin and Gay created Martin Aimone & Co. in 1993, a nominee partnership, that was held equally by Martin's and Gay's trusts. Martin Aimone & Co. owned Home Ranch, North and South Rasmussen, livestock, equipment, and the ranch's brand. In 2011 and 2012, Martin Aimone & Co. conveyed Home Ranch, South Rasmussen, Fort Bridger residence and acreage, and the brand to a new entity, Martin Aimone Ranch, LLC, and conveyed North Rasmussen to Martin's Trust. Martin Aimone & Co. was no longer utilized after the distribution and any remaining assets passed to Martin's Trust and Gay's Trust.
[¶11] Martin organized Martin Aimone Ranch, LLC in 2010, which was held 50% by Martin's Trust and 50% by Gay's Trust. Martin and Bruce were co-managers of the LLC. As stated above, the LLC owned the Home Ranch, South Rasmussen, and a home, plus one acre in Fort Bridger. The home and one acre were conveyed to Martin's and Gay's trusts in April 2012. Two months later, the LLC conveyed South Rasmussen to Martin's and Gay's trusts. Martin, as trustee, then conveyed the 50% interest in the LLC held by his trust to Bruce through a Deed of Gift, thereby making Bruce a member-manager of the LLC with a 50% interest in the LLC. Bruce passed away in April 2013, which triggered an LLC dissolution event, and his 50% interest passed through his estate to Ben, Matt, Bo, and Jon as assignees. Martin appointed Chris co-manager shortly thereafter.[1]
[¶12] When Martin passed away in December 2014, he was the successor trustee of Gay's Trust, which owned the other 50% of the LLC, and was the sole member with voting rights. His passing triggered another LLC dissolution event and a distribution event under Gay's Trust. Chris became the sole manager of the LLC, and Colleen, as trustee of Gay's Trust, was tasked with distributing Gay's Trust property. Disputes arose as Martin's and Gay's trusts were being distributed. This conflict is predominantly between Colleen and Chris, and the Aimone brothers, however all of Bruce and Joe's children have an interest in the outcome of Gay's Trust interpretation and are parties to Appeal No. S-22-0213.
[¶13] About sixteen months after Martin's death, the Aimone brothers brought several claims against Colleen and Chris. They petitioned the court in a probate action to require Colleen to distribute Gay's Trust and provide an accounting; and brought a civil action against Colleen and Chris that included several claims regarding ranch ownership and a derivative action to remove Chris as manager of Martin Aimone Ranch LLC. Important to this appeal, the Aimone brothers alleged that Colleen failed to properly account for and distribute Gay's Trust assets, and breached her fiduciary duty to the trust; and Chris breached her fiduciary duty to the LLC. Both Colleen and Chris initially denied these allegations, and Colleen later amended her answer and filed a counterclaim, asserting for the...
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Court Summaries
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