This section contains the nature of the case and procedural background.

Irene Winchester established the Irene Winchester Revocable Trust on January 25, 2000. The trust named Winchester as trustee and her daughter, Margie Rhew, as successor trustee upon Winchester's death. Winchester conveyed various parcels of property to the trust during her life, including tracts of real property in Jackson and White counties. Winchester created the trust, but never executed a will. She died intestate. Kidwell was appointed as special administrator of Winchester's estate. Kidwell petitioned the Probate Division for an injunction against Rhew, preventing Rhew from disposing of the property 'until rightful ownership shall be determined.' Kidwell argued that the pretermitted-heir statute should apply to 'dispositions made by testamentary will substitutes, such as an inter vivos trust.' The circuit court rejected Kidwell's argument finding that § 28-39-407(b) was 'clear on its face and, by explicit terms, applies only to wills and not to trusts created during the life of the settlor.' Kidwell appealed.

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