Weeks v. Weeks (In re Agusta Nat'l Trust #1)

Docket Number20210636-CA
Decision Date09 November 2023
Citation540 P.3d 640
PartiesIn 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.
CourtUtah 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

Judge David N. Mortensen authored this Opinion, in which Judges Michele M. Christiansen Forster and Ryan D. Tenney concurred.

Opinion

MORTENSEN, Judge:

¶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.

BACKGROUND

¶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.

Agusta Trust

¶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:

This trust shall be irrevocable . Settlor shall not have any right to amend or otherwise alter or revoke this trust in any manner whatsoever or to alter or divest the interests of or change the beneficiaries, or vest the power to terminate or amend this trust in any other person.
....
During the lifetime of Settlor or Settlor's wife, M. SUE WEEKS , Trustee shall pay to or for the benefit of Settlor, Settlor's wife, or Settlor's children as much of the net income and principal of the trust as Trustee deems necessary for their health, support, and maintenance.
....
Upon the death of Settlor and Settlor's wife, Trustee shall distribute the entire remaining principal of the trust ... [t]o each living child of Settlor [in equal shares].

(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

¶6 Ken and Sue divorced on October 8, 1999. The divorce decree is significant in this appeal for how it divided interest in the Draper House and the Emigration Lot. The decree stated,

The property of the parties is awarded as follows with the award of each party to be free of any claim of the other except as expressly provided:
a. [Ken] is awarded the interest of the parties in the [Draper House] ....
b. [Ken] is awarded the Emigration [L]ot, subject to any and all liability thereon .[5]

(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

2006 Instruction

¶8 On September 28, 2006, Ken executed a one-page document (2006 Instruction), which we recite here:

Grantor of Augusta National Trust[Street address of Draper House]9/28/2006
Instructions for Trustee Ginger Monsen
This document will serve as a legal document to clarify any previous instructions that are now void due to changes in my life. I now have six children, [the children are named, along with their ages]. The above children are all my natural living children and become the beneficiaries of the assets of Augusta National Trust. The Trust has two main assets, these are:
[Draper House][Emigration Lot]
It is my wishes and instructions to do the following with these assets, my wife Michele Martin Weeks has the right to live in the [Draper House], for up to 5 years after my death. All contents of the house are my wife's property. At that time the house should be sold and the proceeds should be divided between my six children. Each one can take the money if they are of legal age, a child whom is under age will have their money put into an interest baring trust account .... It is very important to stay within my guidelines of placing the money into trust accounts where each underage child has the money waiting for them as they grow to legal adults. It is not possible to use the money as a means to care for the child, this money is for there use as they see fit when they turn 18. The [Emigration Lot] is given to my wife Michele Martin Weeks for her to own and live, build, sell or do as she wishes. As the Grantor of this trust listed above, these are now the instructions to adhere to by the trustee Ginger Monsen.

The document was notarized and signed by Ken as "Grantor" and Ginger as "Trustee."

2012 Email

¶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

2017 Letter

¶10 On September 15, 2017, Ken delivered a handwritten letter (2017 Letter), transcribed here, to Michael:

Michael Gray Weeks
Pleas take these instructions + follow through the owneship + Request.
[Draper House] is in: Augusta National Trust – Free And clear title – leans have been satisfied + are in side Desk filing cabinet.
[Emigration Lot] – Free + clear + leans are satisfied in Desk filing cabinet.
[Identification of other assets not at issue here]
Please follow these instructions—

Ken signed and dated the letter.

Ken's Death and Subsequent Lawsuit

¶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:

1. Declaratory judgment that a second trust called the "Augusta National Trust" (Second Trust9 ) had "a separate legal existence" from the Agusta Trust, that the Emigration Lot was the property of the Second Trust, and that Michele was entitled to ownership of the Emigration Lot;
2. Declaratory judgment that Ken—as a result of the divorce decree—took title to the Draper House (and the Emigration Lot to the extent that it was held in the Agusta Trust) from the Agusta Trust, that Michele was entitled to a five-year tenancy (or equitable interest) in the Draper House, and that Michele was entitled to ownership of (or equitable interest in) the Emigration Lot;
3. Declaratory judgment that the Agusta Trust was made revocable upon entry of the divorce decree and that Michele was entitled to a five-year tenancy in the Draper
...

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