Osswald

Gary Osswald petitioned the court for a determination that a parcel of real property was subject to one of two irrevocable trusts created by his deceased mother and stepfather, Heidi and Otto Osswald, and naming him as the beneficiary. The trial court found the real property was not subject to either trust, found it was held by Heidi and Otto as tenants in common at the time of Heidi’s death, and awarded Gary one-fourth of the proceeds as his intestate share. Gary appeals, claiming the real property was the subject of at least one of the trusts, thus entitling him to all of the proceeds.

Linda Anderson was Otto’s longtime business associate and paramour, and the mother of his son, Christopher, bom shortly before Otto’s death. Linda is the trustee of yet another tmst, set up by Otto after Heidi’s death for the benefit of Linda and Christopher, into which Otto placed the proceeds of the sale of the real property. Linda disputes Gary’s contentions on appeal and cross-appeals, claiming primarily that title to the real property at the time of Heidi’s death was held by Heidi and Otto as joint tenants, thus enabling Otto to make the subsequent transfer to her tmst, free of…