PLDO ESTATE & TRUST TEAM PREVAILS IN RHODE ISLAND SUPREME COURT IN COMPLICATED FAMILY TRUST DISPUTE

In another major victory for PLDO Estate & Trust attorneys, the Rhode Island Supreme Court (RISC) affirmed a Superior Court decision, ruling in their client’s favor that the plain language of an Irrevocable Trust was indisputable as to a deceased father’s intention to provide certain inheritance provisions to his daughter, as well as to his son. In the case, Jaffe v. Pournaras, 2016 R.I. Super. LEXIS 74 (R.I. Super. Ct. 2016), PLDO attorneys won on summary judgment in Rhode Island Superior Court and went on to prevail for their client in RISC when the decision was appealed.

“Family disputes are bound to occur in complicated estate cases,” said Senior Associate Rebecca M. Murphy, who was one of the attorneys in the Jaffe case. “Although our team seeks to resolve issues prior to litigation, often times going to court is inevitable in order to enforce our clients’ rights. We are delighted for our client with the victory in this case.”

Attorney Murphy explained that the dispute centered on the interpretation of a clause of an Irrevocable Trust. PLDO attorneys argued in their Motion for Summary Judgment in Rhode Island Superior Court that to accept the son/Trustee’s reading that the decedent’s residuary clause in his Will was a valid exercise of the decedent’s limited power of appointment contained within his Irrevocable Trust, would violate the express prohibition contained within the Irrevocable Trust that the decedent’s assets not become part of the decedent’s estate, subjecting them to the claims of the decedent’s creditors. The Superior Court agreed with PLDO attorneys. On appeal, the Supreme Court agreed, affirming the decision of the Superior Court.

For more information on this case or other estate and trust issues or question, please contact our trust and estate attorneys, Bernard A. Jackvony, Gene M. Carlino and Rebecca M. Murphy at 401-824-5100 or email bjackvony@pldolaw.com, gcarlino@pldolaw.com and rmurphy@pldolaw.com.

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