In Re Estate Of Oaks
944 N.W.2d 611 (2020)
Nature Of The Case
This section contains the nature of the case and procedural background.
Facts
D and Oaks were in a romantic relationship for over twenty-three years. They never married, but they lived together for ten years-from 2008 until Oaks' death. Oaks had been divorced twice and had an adult daughter, 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. On March 8, 2018, 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 when she went downstairs to investigate, she found two handwritten notes on a table. The first note read: 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 P was his only child. Oaks' entire estate would normally pass to P under the general rules of intestate succession. P filed a petition for formal administration of Oaks' estate. An order for formal administration was issued two days later, and P was named the Estate's personal representative. D filed several claims against the Estate. D contended she was entitled to Oaks' entire estate under the doctrine of gift causa mortis based on the first note Oaks left before he died. The Estate denied D's claim for the entirety of Oaks' estate based on the doctrine of gift causa mortis. D moved for summary judgment on her claims against the Estate. P filed its own motion for summary judgment on D's claims and also filed a brief in response to D's summary judgment motion. The circuit court granted D's summary judgment motion and denied P's motion. P appealed.
Issues
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Rule Of Law
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Holding & Decision
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Legal Analysis
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