Sullivan v. Lamach, 324 P.3d 1202

Joint will of Marilyn and Stanley Hedrick (1983) grants survivor the entire residue, and subsequent division of Marilyn’s estate among six children from former marriages; the will prohibits altering, amending, or revoking after the first death; Stanley dies (1995) and Marilyn inherits his estate; Marilyn transfers most property into the 1996 Living Trust with beneficiaries including Marilyn’s three children and one of Stanley’s children; Jacquelyn Sullivan serves as successor trustee; two of Stanley’s children are not beneficiaries and Sheena Lamach is incapacitated; Marilyn dies (2012) and informal probate distributes Marilyn’s residue ($235,722.64) to six children; Lamach objects, arguing trust assets violate the joint will and should be treated as part of Marilyn’s residue; District Court grants Lamach summary judgment, finding the trust effectively superseded the will; Estate and Sullivan appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the joint will prohibited Marilyn from transferring property to a trust during her lifetime.	Lamach: trust retained control prevented by will.	Estate/Sullivan: no explicit restriction on lifetime transfers; residue is property at death, not trust assets.	No prohibition; trust assets not part of residue; remand for summary judgment on trust validity.

In re Estate of Ayers, 338 Mont. 12 (2007 MT 155) (interpretation of will; correctness standard)
In re Estate of Snyder, 299 Mont. 421 (2000 MT 113) (determine testator’s intent; give effect to provisions)
Bolinger v. Bolinger, 943 P.2d 981 (Mont. 1997) (clear and unequivocal devise limits on use of property)
Cate-Schweyen v. Cate, 15 P.3d 467 (2000 MT 345) (property not in probate estate if transferred to trust during lifetime)
In re Estate of Kuralt, 981 P.2d 771 (1999 MT 111) (will interpretation; question of law)