Bequests in the News
The Inventory Is Not the Whole Story
June 11, 2026
John Garner created a trust in 2001. The Beneficiaries were to receive the remaining funds (eventually $3,000,000) at his death. He named his nephew Patrick as successor trustee. John became seriously ill in 2021. Upon assuming his role as trustee, Patrick amended the trust to remove the Beneficiaries and redirect the multi-million-dollar remainder to himself. Although sections of the trust may have provided nominal support for this self-serving action, it was clearly not in keeping with the tenor of John’s estate plan.
When John died, Patrick filed for probate of the pour-over will, seeking an “accelerated” process. He also failed to identify the Beneficiaries as interested parties. Luckily, and perhaps presciently, the DC court rejected the filing and ordered disclosure of the full estate plan, including the trust as it stood prior to the 2021 amendment.
Litigation ensued between Patrick and the Beneficiaries. At the end of the day, the Beneficiaries prevailed and received their bequests. The court found that the self-enriching “amendment” was antithetical to John’s estate plan and that Patrick had breached his fiduciary responsibilities to the Beneficiaries. The sneaky probate filing also came back to haunt Patrick.
