Smolen v. Smolen

956 P.2d 128 (1998)

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Nature of the Case

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Facts

Martin and Roslyn were married in 1970. In 1990, doctors diagnosed Martin with a brain tumor. In 1994, Martin started fading fast and to protect their assets from liability for extensive medical costs, they obtained a divorce on advice of counsel. The decree was entered, and the parties split their property with the house remaining in joint tenancy. They lived together for nine more months, and Martin was fading even faster. Roslyn got temporary legal guardianship of Martin without his knowledge and put Martin in a group home, and Martin was upset and got his attorney nephew from Virginia to assist. Nevada counsel was obtained and the guardianship terminated. A few weeks later in May 26, 1995, Martin established a revocable trust naming the attorney nephew sole beneficiary and successor trustee. A deed was executed, and Martin's interest in the Vegas home was transferred to that trust. A week later, Martin was incapacitated by a stroke and resided at the Sunrise Hospital. Negotiations with Rosyln and the attorney nephew were broached, but no compromises were reached regarding their differences. Rosyln moved to cancel the deed, and the district court issued the order. The attorney nephew appealed.