Weeks v. Weeks (In re Agusta Nat'l Trust #1)
Docket Number | 20210636-CA |
Decision Date | 09 November 2023 |
Citation | 540 P.3d 640 |
Parties | In the MATTER OF the AGUSTA NATIONAL TRUST #1 Michele Weeks, Appellant, v. Michael Gray Weeks, Jessica Elizabeth Weeks, Missy Leigh Weeks, Natalie Susannah Weeks, and Ginger Monsen, Appellees. |
Court | Utah Court of Appeals |
Kenneth L. Reich and Daniel F. Bertch, Salt Lake City, Attorneys for Appellant
Robert E. Mansfield, Salt Lake City, and Megan E. Garrett, Attorneys for Appellees
Opinion
¶1 Mark Twain had "no respect" for the person who could "spell a word only one way."1 But consistent spelling proves to be remarkably helpful—as this case demonstrates—when drafting legal documents. Ken Weeks placed two pieces of property into the same irrevocable trust, or so it appeared. Confusion crept in for two reasons. First, Ken2 conveyed those two properties using two different spellings for the trust. Although Ken conveyed these properties while married to his first wife, this inconsistency led his second wife, Michele Weeks, to contend after Ken's death that there were really two trusts, an arrangement that would be to her benefit. Second—and unrelated to the spelling issue—the divorce decree for Ken's first marriage distributed an interest in the two pieces of trust property, leading Michele to assert that the irrevocable trust had been modified. The district court did not agree with Michele on either point and granted summary judgment in favor of the children from Ken's first marriage. We affirm.
¶2 Ken married Sue Ruff in 1983, and they had four children together: Michael Gray Weeks, Jessica Elizabeth Weeks, Missy Leigh Weeks, and Natalie Susannah Weeks.
¶3 On November 23, 1993, Ken created the "The Agusta National Trust #1" (Agusta Trust).3 Ken designated himself as "Settlor" of the Agusta Trust and his sister, Ginger Monsen, as "Trustee." The Agusta Trust named a successor trustee but also provided that if both trustees resigned, the beneficiaries could appoint a new trustee by majority vote.
¶4 The trust corpus consisted of property "listed in the schedule annexed hereto."4 The Agusta Trust also provided that "Settlor reserves the right to ... add to the principal" and that "any property so added shall be held, administered, and distributed under the terms of this agreement." Two pieces of real property were subsequently transferred to the Agusta Trust—or so it seems. First, a lot in Emigration Canyon (Emigration Lot) was deeded to "GINGER MONSON , TRUSTEE OF THE AUGUSTA NATIONAL TRUST ," on August 30, 1995. (Emphases added.) Second, a house in Draper (Draper House) was deeded to the "AGUSTA NATIONAL TRUST #1 , GINGER MONSEN , TRUSTEE," on January 16, 1998. (Emphases added.) We note the spelling and nomenclature differences between the two conveyance documents: (1) the spelling of "Monson" for the Emigration Lot versus "Monsen" for the Draper House, (2) the spelling of "Augusta" for the Emigration Lot versus "Agusta" for the Draper House, and (3) the inclusion of "#1" on the conveyance of the Draper House versus its absence on the Emigration Lot's conveyance.
¶5 We recite other relevant provisions of the Agusta Trust:
(Emphases added.) The Agusta Trust identified by name Ken's three then-born children (namely, Michael, Jessica, and Missy). It also stated that the terms "child" and "children" included "any children which are born to Settlor or adopted by Settlor subsequent to the date of execution of this trust agreement." However, the Agusta Trust made no mention of what might happen to the identity of "Settlor's wife" in the event of divorce. The only future provision it had with regard to "Settlor's wife" concerns what happens upon her death, as recounted above.
Divorce and Remarriage
(Emphases added.) Notably, the divorce decree never mentioned the Agusta Trust (or any other trust). And neither the Agusta Trust nor its trustee, Ginger, was a party to the divorce.6
¶7 The next day, Ken married Michele Weeks, and the couple resided in the Draper House. They eventually had two children together.7
¶8 On September 28, 2006, Ken executed a one-page document (2006 Instruction), which we recite here:
The document was notarized and signed by Ken as "Grantor" and Ginger as "Trustee."
¶9 In an email dated June 5, 2012, Ken, who was apparently going on vacation, wrote to his son, Michael, that the Draper House and Emigration Lot "are in the Augusta National trust, beneficiaries are my six children equally." The email went on to state, "Ginger is the trustee of the Augusta Trust, However if I or Michele become deceased, please show Ginger this email, because now you will make all decisions to any of my assets or Michele's for all living children of Ken Weeks."8
¶10 On September 15, 2017, Ken delivered a handwritten letter (2017 Letter), transcribed here, to Michael:
Ken signed and dated the letter.
¶11 Ken died unexpectedly on January 16, 2018. Michele and their two children continued to reside in the Draper House. Ginger stated that Michele approached her and "asserted that she and her sons could remain in the Draper [House] for five years and that she would receive the Emigration [Lot]." Ginger also reported that Michele pressured her to deed the Draper House to her and that Michele wanted the Agusta Trust to pay taxes, fees, and maintenance costs on the Draper House. Ginger resigned as Trustee of the Agusta Trust in September 2018, and the children of Ken and Sue elected Michael to serve as the new trustee. Given the cost of maintenance and repair for the Draper House, "it was determined that the best course of action was for the [Agusta] Trust to sell the Draper [House] and distribute the proceeds to the six children of Ken."
¶12 Michele refused to vacate the property. And in February 2019, she commenced the present action, stating seven claims for relief:
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