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WILSON v. WILSON

041042899; A135419.

197 P.3d 1141 (2008)

224 Or. App. 360

Kim WILSON, in his capacity as Personal Representative of the Estate of Hazel Fleet, Deceased, Plaintiff-Appellant, v. Ralph WILSON, individually and in his capacity as successor trustee of the Duane B. Fleet Family Trust UAD December 23, 2002; Donita Watts; Roxie Watts; and Tracy Watts, Defendants-Respondents.

Court of Appeals of Oregon.

Decided December 10, 2008.

Attorney(s) appearing for the Case

Matthew Whitman argued the cause for appellant. With him on the briefs was James R. Cartwright.

Jonel Ricker, La Grande, argued the cause and filed the brief for respondent Ralph Wilson.

J. Glenn Null, La Grande, argued the cause for respondents Donita Watts, Roxie Watts, and Tracy Watts. With him on the brief was Mammen & Null, Lawyers, LLC.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ROSENBLUM, Judge.

BREWER, C.J.

Plaintiff, as conservator for his mother, Hazel Fleet, brought this action against the estate of Duane Fleet, seeking to enforce Hazel's statutory spousal elective share with respect to assets that Duane had placed in a revocable living trust.1 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...

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