Embree

INTRODUCTION

Alvin Embree entered into a marital settlement agreement with his former wife Joanne Embree, approved as an order of the court, that obligated him to pay monthly spousal support of $1,800 until Joanne remarried or she or he died and that further provided, in the event he predeceased Joanne, a trust or annuity would be established to provide her $1,800 each month for as long as she lived. Following Alvin’s death, all of his known property was distributed pursuant to the terms of his revocable living trust without creation of a trust or annuity for the benefit of Joanne. The trial court held that Joanne’s attempt to enforce her claim for a lifetime annuity against the beneficiaries of Alvin’s living trust was time-barred. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Joanne and Alvin Embree were married on July 21, 1968. On January 28, 1993, Joanne and Alvin entered into a marital settlement agreement (MSA) to dissolve their marriage. The MSA, executed by both Joanne and Alvin, was approved by a judicial officer as an order of the court and recorded as an abstract of support judgment in August 1996. The MSA provided in a section entitled “Spousal Support”…