Wilson v. Wilson

Plaintiff, as conservator for his mother, Hazel Fleet, brought this action against the estate of Duane Fleet, seeking to enforce Hazels statutory spousal elective share with respect to assets that Duane had placed in a revocable living trust. Plaintiff sought to have the transfer of assets set aside as an illusory transfer or as a violation of public policy. He also asserted claims of fraud and fraudulent conveyance, on a breach of fiduciary duty theory, against Duanes estate. Plaintiff appeals from the trial courts grant of defendants motion for summary judgment on each of his claims. We affirm.