Post
Post v. Post CA4/2
Opinion
Opinion
I.
INTRODUCTION
Before he died, decedent James E. Post created the James E. Post Irrevocable
Trust (the Trust). The Trust’s only purported asset, and the subject of this lawsuit, is JP 1 Preferred, LLC (JP). After James’s death, his ex-wife, Cindy Post, claimed that JP is the
property of the Estate of James E. Post (the Estate). James and Cindy’s son, respondent
Travis Post, is a beneficiary of the Trust and claimed JP is the Trust’s property. The
probate court agreed and declared JP to be the Trust’s asset.
Cindy appeals. We affirm the judgment.
II.
FACTUAL AND PROCEDURAL BACKGROUND
On May 20, 2010, James created JP, an Alaska limited liability company. James
named himself as JP’s only member, manager, and owner.
A few days later, James created the Trust. The Trust is organized under and
governed by the laws of Alaska, and designates James as its “Investment Trustee.” It
provides that upon James’s death, shares of the Trust are to be distributed to six
beneficiaries. Travis is one of those beneficiaries, but Cindy and the Estate are not.
Section 13.03 of the Trust states, “[t]he Trustees acknowledge the receipt from the