Michelle Rae Wakefield Finch's Legal Cases (2)

Family

Banner Life Ins. v. Mark Wallace Dixon Irrevocable Trust and Tammie Dixon

Apr 03, 2009

OUTCOME: Appeal was successful and case was remanded to District Court for trial.

Representation of Appellant, a surviving spouse in an action to recover life insurance proceeds from deceased spouse's policy following discovery that deceased spouse had changed beneficiary from spous ... e to step-mother prior to death. Issues relating to the characterization of life insurance proceeds as separate or community property; donative intent relating to the payment of a policy premium; and the ability of a spouse to unilaterally remove his spouse as beneficiary from his policy were appealed.

Trusts

Kirkman v Stoker

Jul 07, 2000

OUTCOME: The trial court's decision in Defendant Stoker was upheld on appeal and attorney's fees awarded to Defendant Stoker on appeal.

Representation of Defendant whose former son-in-law sued her claiming that she held real estate assets in trust for him. The Plaintiff Kirkman asserted various theories in support of his claims, includ ... ing conversion. The trial court denied the Plaintiff relief and upon appeal. The Idaho Supreme Court upheld the verdict in Defendant's favor. Various issues were addressed on appeal including the doctrine of unclean hands, the right to a jury trial in equity, discovery sanctions, quiet title actions, quasi-estoppel and judicial admissions.

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