In re Estate of Clark, 219 S.W.3d 509 (Tex. App.—Tyler 2007, no pet.).
Testator left his estate in equal portions to his three children.
Daughter had lived in Testator’s house for several years and had helped
care for him. Consequently, she filed a claim against the estate for
improvements she had made to house during this time. The trial court
conducted a hearing and granted Daughter’s request for reimbursement but
for a lesser amount than she requested. The court reduced her claim by
her share of the expenses for selling the house and for items of
Testator’s personal property which she retained from the estate.
Daughter appealed.
The appellate court affirmed. The court rejected Daughter’s claim that
the evidence was insufficient to show that Daughter actually had
retained several items of Testator’s personal property. The court held
that the circumstantial evidence that she did so was sufficient to
support the trial court’s finding. She lived with Testator for several
years and then retained exclusive possession of the house for
approximately three months after Testator’s death. Because these items
were missing thereafter, there was adequate evidence that Daughter
either retained or disposed of them.
Moral: A trial court’s finding regarding the appropriate reimbursement
amount will be hard to overturn on appeal.