Monday, November 11, 2013

Linthicum v. Rudi case brief

Linthicum v. Rudi case brief summary
148 P.3d 746 (2006)

Appellants, a brother and sister-in-law, sought review of an order from the Second Judicial District Court, Washoe County (Nevada), which dismissed their complaint against respondent nephew for undue influence in connection with his position as a successor trustee. The court also denied the brother and sister-in-law's motion to be appointed guardians ad litem of the settlor. The court awarded attorney fees to the nephew.


In 2002, the settlor executed a will and a revocable inter vivos trust. The settlor named herself trustee. The settlor named her brother and sister-in-law the primary beneficiaries of the trust upon her death. She also named the brother and sister-in-law successor trustees upon her death or incapacity. In 2004, the settlor executed a new will and a restatement/amendment to the trust. The amended trust replaced the brother and sister-in-law as successor trustees with a nephew. The brother and sister-in-law filed a complaint alleging that the amended trust was a product of incapacity and/or undue influence. The trial court granted the nephew's motion to dismiss the complaint.


  • On appeal, the court concluded that a beneficiary's interest in a revocable inter vivos trust was contingent at most. 
  • Hence, the brother and sister-in-law lacked standing to challenge the settlor's revocable inter vivos trust during her lifetime. 
  • The brother and sister-in-law were not interested persons within the meaning of Nev. Rev. Stat. §§ 164.015(1) and 153.031(1)(a) and (d). 
  • Further, for the brother and sister-in-law to serve as the settlor's guardians would create a conflict of interest.

The court affirmed the judgment of the trial court.

Suggested Study Aids For Wills, Trusts & Estate Law

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