Estate Of Oaks v. Stouff
944 N.W.2d 611 (2020)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
Stouff (D) and Oaks were in a romantic relationship for over twenty-three years. They never married, but they lived together for approximately ten years-from 2008 until Oaks' death. Oaks had been divorced twice and had an adult daughter, Cheri Wardell (P), who was not D's offspring. Oaks and P did not have a 'close relationship' and were 'estranged for many years' prior to Oaks' death. Oaks fatally shot himself in the head in the home he shared with D, while D was asleep upstairs. D woke when she heard a loud bang, and found two handwritten notes on a table. The first note read: 3-7-18 Lynne Stouff has been my companion and my crutch for a long while. As I leave this existence I want all worldly belongings to be assigned to Lynne. David Oaks The second note read: Lynne- This is all I can go with this-Thank you for being there for me all these years. I love you. Oaks died intestate. Oaks died unmarried and that P was his only child. Under intestate succession, his estate would normally pass to P. P filed a formal administration. D filed several claims against the Estate. D contended she was entitled to Oaks' entire estate under the doctrine of gift causa mortis. P denied D's claim. Both parties moved for summary judgment. The court determined D had established each of the elements of a gift causa mortis, and she was therefore entitled to the entirety of Oaks' estate. P appealed.
Issues
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Holding & Decision
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Legal Analysis
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