IN RE ESTATE OF KURRELMEYER

No. 04-347.

895 A.2d 207 (2006)

2006 VT 19

In re ESTATE OF Louis H. KURRELMEYER.

Supreme Court of Vermont.

March 3, 2006.


Attorney(s) appearing for the Case

Karl W. Neuse of Neuse, Smith & Venman, P.C., Middlebury, for Plaintiffs-Appellees Ellen L. Kurrelmeyer and Ellen L. Kurrelmeyer, Executrix of the Estate of Nancy Kurrelmeyer.

James W. Runcie of Ouimette & Runcie, Vergennes, for Plaintiff-Appellee Louis H. Kurrelmeyer, Jr.

Thomas F. Heilmann and Wendy L. Fuller of Heilmann, Ekman & Associates, Inc., Burlington, for Defendant-Appellant Martina Kurrelmeyer.

Present: REIBER, C.J., DOOLEY, JOHNSON and SKOGLUND, JJ., and BURGESS, District Judge, Specially Assigned.


¶ 1. BURGESS, District Judge, Specially Assigned.

Martina Kurrelmeyer appeals an order of the Chittenden Superior Court declaring void, as a matter of law, the revocable inter vivos trust she created under her husband's durable power of attorney prior to his death. Mr. Kurrelmeyer's surviving children claimed the power of attorney did not grant authority to create a trust and that transfer of Mr. Kurrelmeyer's property to the trust constituted unauthorized self...

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