Zwirn

The trial court mled that appellant Willy Zwim’s filing of creditor’s claims to property in his aunt’s tmst and estate would violate no contest clauses in documents signed by his aunt in her tmst and will. Appellant contends that the applicable statutes, read with the no contest clauses at issue, mandate a conclusion that filing such creditor claims does not constitute a contest. Concluding that the proposed litigation constitutes a contest, we shall affirm the orders of the trial court.

PROCEDURAL HISTORY AND STATEMENT OF FACTS

Appellant is the nephew of Sam Cwiren, who was married to Frieda Cwiren. Sam died in 1996, and Frieda died in 2003. Appellant alleges that he was very close to both of them, lived with them after World War H, and they became his surrogate parents. Moreover, according to appellant, over the years Sam and Frieda told him and others that when both died, he would receive 50 percent of their assets (representing Sam’s share) and the remaining 50 percent would go to Frieda’s blood relatives. His “claim” is based on that oral agreement. Appellant claims that near the end of her life Frieda changed her estate plan to favor her own blood relatives,…