Estate Of Oaks v. Stouff

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

Rule of Law

Holding and Decision

Legal Analysis

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