Appeals

Appeals & Recent Publications

 

Baker Boyer National Bank v. Richard Garver, et al., 43 Wn.App. 673, 719 P.2d 583 (1986).  Bruce Moen testified as an expert witness regarding Guardian ad litem duties for the prevailing party at trial.  Review denied, Washington State Supreme Court.

In the Matter of the Estate of Vera G. Harris, 130 Wn.2d 1023, 930 P.2d 1230 (1997).  Unpublished opinion upholding the adjudication of the trial court that the residue clause of the Will failed with the result that the assets passed by intestacy.

 In the Matter of the Estate of Bela E. Toth, 123 Wn.2d 650, 981 P.2d 439 (1999).  Bruce Moen is quoted and referred to as a “commentator” in a published opinion issued by the Washington State Supreme Court.

Card v. Bostwick as Personal Representative of the Estate of Kuhl (2002).  Bruce Moen successfully represented the plaintiff to enforce an oral agreement to make a Will.  In an unpublished opinion, the Court of Appeals upheld summary judgment by the trial court.

Bruce Moen as Personal Representative of the Estate of Bracelin v. Driscoll, Washington Court of Appeals, Division I (2002).  In an unpublished opinion, the Court of Appeals reversed the trial court dismissing a tort claim on summary judgment.

In the Matter of the Estate of Sullivan, No. 49266-7-I, Washington Court of Appeals, Division I (2003).  Bruce Moen was retained as an expert witness at the trial level.  The Court of Appeals referred to Bruce Moen as an “acknowledged expert in the field of administration of trusts, guardianships, and estates.”

In the Matter of the Estate of Rentfrow, 149 Wn.2d 1025, 72 P.3d 762 (2003).  In an unpublished opinion, the Court of Appeals upheld the lower court’s Order approving the actions and activities of Bruce Moen as Personal Representative.  Review denied, Washington Supreme Court.

In Re the Estate of Martin Little, 127 Wn.App. 915, 113 P.3d 505 (2005).  Unsuccessful attempt to resist the reopening of an estate based upon an allegation of inadequate notice to heirs.

Chandler v. Lippek Estate, Bruce Moen as Personal Representative and Intervenor, Washington Court of Appeals Division I (2006).  Bruce Moen as Personal Representative intervened in a pending matter regarding the marital status of the decedent at the time of his death.  In an unpublished opinion, the Court of Appeals remanded the issue to the trial court.

In Re the Estate of Whitehead, No. 58624-6-I, Washington Court of Appeals, Division I (2007).  In an unpublished opinion, the Court of Appeals reversed the trial court ordering Bruce Moen, as Personal Representative, to make a partial distribution of $150,000 from the Estate to the surviving spouse for attorney fees incurred by her in a pending criminal action for the murder of the decedent when there was no showing by the surviving spouse that such distribution would not be prejudicial to the other heirs.

In the Matter of the Estate of Josephine S. Wright, 147 Wn.App. 674, 196 P.3d 1075 (2008).  Bruce Moen successfully defended the distributive share of a legatee against an alleged illegitimate heir of the decedent (who had vacated a Decree of Adoption entered 30 years earlier in another jurisdiction).

In the Matter of the Estates of Harry Eugene Smaldino and Leonard Smaldino, 151 Wn.App. 356, 212 P.3d 579 (2009).  The Court of Appeals upheld the trial court’s finding of contempt against opposing counsel following a successful defense of the administration of the Estates, including a $475,000 judgment obtained by Bruce Moen, as the successor Personal Representative, against the former Personal Representative.

Vollstedt, Bruce Moen as Trustee of the Fred Vollstedt Family Trust, et. al. v. Tegman, as Personal Representative of the Estate of Charles Ted Vollstedt, No. 63392-9-I, Washington Court of Appeals, Division I (2010).  In an unpublished opinion, the Court of Appeals reversed in part and affirmed in part a decision by the trial court regarding the application of laches and the statute of limitations against certain claims to recover funds based upon a fiduciary relationship.  Review denied, Washington Supreme Court.

In the Matter of the Estate of James W. Haviland, 162 Wn.App. 548, 255 P.3d 854 (2011).  Bruce Moen filed an amicus curie brief on the retroactive application of the Slayer’s Statute.

In the Matter of the Marriage of Richardson and Fu, No. 71831-2-I, Washington Court of Appeals, Division I (2015).  In an unpublished opinion, the Court of Appeals reversed the trial court on an issue of jurisdiction over trusts and closely-held corporations established as alter-ego entities and used by a former spouse to argue that certain assets were beyond the reach for collection of judgments entered against her.

In the Matter of the Estate of Edward Coaker, No. 74873-4-I, Washington Court of Appeals, Division I (2016).  In an unpublished opinion, the Court of Appeals upheld the trial court’s decision on summary judgment, including that Appellant failed to property commence his will contest claim within the limitations period.

In the Matter of the Estate of Constance C. Little, 444 P.3d 23 (2019).  The Court of Appeals affirmed the trial court’s ruling that Washington law did not require the personal representative to file a separate writing when a Will is admitted to probate and that a writing prepared by the decedent that meets the requirements of RCW 11.12.255 can control the distribution of the Estate and money as well as not conflict with the disposition of tangible personal property under RCW 11.12.260.