Meyer v. Presley (In re Estate of Meyer)
| Decision Date | 08 September 2015 |
| Docket Number | WD 77903 |
| Citation | 469 S.W.3d 857 |
| Parties | In the Estate of: Norma Jean Meyer, Deceased, Dustin Meyer, Personal Representative, Appellant, v. Robert S. Presley, Trustee of the Norma J. Meyer Revocable Living Trust Agreement, and Robert S. Presler, a/k/k Tommy Earl Richardson, Respondents. |
| Court | Missouri Court of Appeals |
Harold A. Walther, for Appellant.
Benjamin S. Faber, for Respondent.
Before Division One: Cynthia L. Martin, Presiding Judge, Joseph M. Ellis, Judge and James E. Welsh, Judge
Dustin Meyer, acting in his capacity as personal representative for the Estate of Norma J. Meyer, appeals from a judgment entered in the Circuit Court of Cooper County declaring that the assets of the Norma J. Meyer Revocable Living Trust were not assets of the Estate of Norma J. Meyer. The trial court rejected Appellant's arguments that the Trust had been created as a result of undue influence on the part of Tommy Richardson or, in the alternative, that the Trust had been terminated by Norma J. Meyer1 prior to her death. For the following reasons, the judgment is affirmed.
In 2001, when Norma first met Richardson at a bar in Jefferson City, she was married to Paul Meyer, with whom she had three children (Lisa Brinkley, Steve Meyer, and Jeffrey Meyer) and multiple grandchildren. Norma and Richardson immediately became involved in an intimate relationship. Shortly thereafter, Norma and Paul separated, and Norma and Richardson began living together. Eventually, Paul and Norma divorced in 2003. After the divorce, Norma stopped visiting or calling her children on a regular basis, and the children made little effort to maintain contact with her.
With proceeds from the divorce, in November 2003, Norma purchased approximately 300 acres of farmland in Cooper County upon which she intended to operate a ranch with Richardson. She soon purchased livestock and began farming/ranching operations on the property. She built a home on the ranch and moved there with Richardson.
On July 19, 2005, Norma executed the Trust, which had been drafted by St. Louis attorney James Anding at her direction. The trust named Norma as trustee and provided that she would be succeeded as trustee by Richardson2 upon her death. The trust language provided that, upon Norma's death, Richardson was to receive the ranch property and Norma's daughter, Lisa Brinkley, was to receive all of the personal property placed in the Trust. Norma also executed a pour-over will, also drafted by Anding, at that time. Norma subsequently transferred the ranch to the Trust by warranty deed executed on August 29, 2005, and recorded on March 13, 2006. She also transferred certain personal property and title to her motor vehicles to the Trust.
In May 2006, Norma decided to end her relationship with Richardson. She enlisted the assistance of the Cooper County Sheriff's Department in asking Richardson and the ranch's other employees to leave the premises and not return. While on the property and performing a consent search, the Sheriff's department found marijuana in the rim of Richardson's cowboy hat and a birth certificate he had forged for himself, with Norma's aid, in the name of Robert Pressler. Richardson was arrested and was eventually convicted of one count of forgery, for which he received a sentence of five years probation, subject to a special condition that he not have any further contact with Norma. Richardson did not have any further contact with Norma aside from complying with a request from her that he pick up his personal property from the ranch at a designated time when she was not present.
On September 23, 2009, Norma executed a will that had been prepared by Jefferson City attorney Mike Riley at her direction. The Will generally provided that Norma's property should be divided between Lisa Brinkley and Jeffery Meyer. The Will made no mention of the Trust, nor did it specifically reference any property owned by the Trust.
Norma died on August 16, 2011. Letters testamentary were granted to Jeffrey Meyer on March 14, 2012. Subsequently, Jeffrey, acting as personal representative of the Estate, filed a Petition for Discovery of Assets against Richardson, individually and as Trustee of the Norma J. Meyer Revocable Living Trust.3 The petition averred that Richardson had exerted undue influence over Norma and that, by executing her 2009 Will, Norma had intended to revoke the Trust. It asked the court to enter a judgment finding that the Trust was revoked in its entirety and that all assets conveyed to the Trust should be deemed to be assets of the Estate. After filing the action, Jeffrey died, and his son, Dustin Meyer, was named Personal Representative of the Estate.
The case was tried to the court in June and July 2014. The trial court subsequently entered its judgment finding that there was no clear and convincing evidence to support a claim that the Trust was created as the result of undue influence on the part of Richardson. It further found that the record did not contain sufficient evidence to support the Estate's claim that Norma had revoked the Trust. In so finding, the court noted that “Norma attempted to change the terms of her testamentary directives, but circumstances combined to create a miscommunication between her and her attorney, so that in the end, she made a new will but failed to revoke her trust.” Appellant brings two points on appeal.
“This case involves a proceeding for discovery of assets, which is authorized under section 473.340, and is essentially a search for assets belonging to a decedent at his or her death.” In the Estate of Lambur, 397 S.W.3d 54, 62 (Mo. App. S.D. 2013). “In such a proceeding, the court's role is to determine whether specific property has been adversely withheld from the estate.” Id. (internal quotation omitted). “Upon the trial of the discovery of assets action, the ‘court shall determine the persons who have an interest in said property together with the nature and extent of any such interest.’ ” In the Estate of Herbert v. Herbert , 152 S.W.3d 340, 345 (Mo. App. W.D. 2004) (quoting § 473.340.3) . If the court “determines that the property belongs to the estate, it shall order the transfer of the title or possession, or both, to the estate.” Id. (citing § 473.340.3)“The standard of review in a discovery of assets proceeding is governed by Murphy v. Carron, 536 S.W.2d 30, 32 (Mo. banc 1976).” Id. at 344. Accordingly, “[t]he judgment will be sustained unless there is no substantial evidence to support it, it is against the weight of the evidence, or it erroneously declares or applies the law.” In re Estate of Hock, 322 S.W.3d 574, 579 (Mo. App. S.D. 2010). “We review the evidence and all reasonable inferences in the light most favorable to the judgment and disregard all contrary evidence and inferences.” Salem United Methodist Church v. Bottorff, 138 S.W.3d 788, 790 (Mo. App. S.D. 2004). “Credibility of the witnesses and the weight to be given to their testimony is for the trial court, which is free to believe none, part, or all of the testimony of any witness.” Id.
In his first point, Appellant contends that the trial court erred in finding that Norma had not revoked her 2005 Trust. He argues that the evidence showed that Norma intended for the 2005 Trust to be revoked when she executed the 2009 Will and that she should be deemed to have waived the Trust's requirement that any revocation be made “by instrument in writing executed by Settlor and delivered to the Trustee.”
With regard to the revocation of a revocable trust, § 456.6–602.3 provides:
Accordingly, where, as here, “the terms of the trust provide a method for amendment, the Settlor may amend the trust only by substantially complying with the method provided in the terms of the trust.” Banks v. Central Trust & Inv. Co., 388 S.W.3d 173, 176 (Mo. App. E.D. 2012) (citing § 456.6–602.3)
Norma's 2005 Trust specifically provides that Norma, as the Settlor, reserved the right during her lifetime to revoke the Trust “by instrument in writing executed by Settlor and delivered to the Trustee.”4 The Trust goes on to provide that “[t]he manner provided in this Item for altering, amending and/or revoking this Agreement, as the case may be, shall be the exclusive method for such alteration, amendment or revocation, notwithstanding any contrary provision of applicable law.” Thus, under the terms of the Trust, in order to revoke the Trust, Norma was required to (1) execute a written instrument revoking the trust and (2) deliver that written instrument to the Trustee. Norma is presumed to have known the terms of the 2005 Trust and, therefore, to have been aware of these requirements.5 Rouner v. Wise, 446 S.W.3d 242, 254 (Mo. banc 2014).
Where, as here, “ ‘the settlor reserves a power to modify the trust only in a particular manner or under particular circumstances he [or she] can modify the trust only in that manner or under those circumstances.’ ” Banks, 388 S.W.3d at 176–77 (quoting In re Estate of Mueller, 933 S.W.2d 903, 907 (Mo. App. E.D. 1996) ); see also In re Gene Wild Revocable Trust, 299 S.W.3d 767, 774 (Mo. App. S.D. 2009) ; In re Thomas L. Harris Trust, 204 S.W.3d 267, 271 (Mo. App. S.D. 2006) ; Salem United Methodist Church, 138 S.W.3d at 794 ; Maple Tree Invs. v. Port, 821 S.W.2d 562, 564 (Mo. App. W.D. 1991) ; Love v. St. Louis Union Trust Co., 497 S.W.2d 154, 159 (Mo. banc 1973).
The 2009 Will, while expressly revoking all previous wills and codicils,...
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