Estate of Peterson

579 N.W.2d 488, 1998 Minn. App. LEXIS 680, 1998 WL 312832
CourtCourt of Appeals of Minnesota
DecidedJune 10, 1998
DocketC5-97-1783
StatusPublished
Cited by5 cases

This text of 579 N.W.2d 488 (Estate of Peterson) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estate of Peterson, 579 N.W.2d 488, 1998 Minn. App. LEXIS 680, 1998 WL 312832 (Mich. Ct. App. 1998).

Opinions

OPINION

PETERSON, Judge.

Appellant challenges the trial court’s denial of her petition for allowance of claim previously denied. Appellant argues that documents signed by her and decedent are enforceable contracts and, alternatively, that the documents are valid wills. We affirm.

FACTS

Appellant Diane H. Swanberg met decedent Charles Francis Peterson in 1985. When they met, both Swanberg and Peterson were married to other individuals. In 1987, Swanberg left her husband and moved in with Peterson, who had separated from his wife. Peterson was divorced in late December 1987, and Swanberg was divorced in January 1989.

On September 21,1988, Swanberg and Peterson signed two documents in the presence of a notary public. The language in the documents was dictated by Peterson and written by Swanberg. One of the documents was written on September 19, 1988, and the other was written on September 20, 1988. The documents contain essentially identical language, with one exception. The document written on September 19 states that it is an agreement while the September 20 document states that it is a contract. The September 20 document reads:

Sept. 20, 1988
This is a contract made between Charles Francis Peterson & Diane Helen Swan-berg for the purpose of protection for Diane Swanberg in the event of death or disability of Charles Peterson
Diane would be entitled to all the equity in the home and furnishings at 1131 Chelsea Court New Brighton Minn 55112
Money in Chuck’s savings & cheeking accounts.
Motor home.
4 lots
pick up 76 Chevrolet
Sept 21,1988
/s/ Diane H. Swanberg
/s/ Charles F. Peterson
Signed this date — 9-21-88—before me a notary public for Anoka County, MN.
/s/ Audrey J. Hilton

Swanberg and Peterson lived together in the home at 1131 Chelsea Court until Peterson’s death on May 29, 1996. It is undisputed that the couple lived together in contemplation of sexual relations and never married.

Swanberg served a written claim on the personal representative of Peterson’s estate claiming that she was entitled to (1) the equity and furnishings in the home at 1131 Chelsea Court; (2) the money in Peterson’s checking, savings, money market, IRA, and 401(k) accounts; (3) a Dodge motor home; (4) a 1976 Chevrolet pickup truck; and (5) the money owed to Peterson from the buyout of his business. The personal representative disallowed Swanberg’s claim, and Swanberg filed a petition for allowance of a claim previously disallowed.

At trial, Swanberg testified that Peterson promised to take care of her and give her everything that he owned if she would divorce her husband. Swanberg further testified that she believed that the documents signed on September 21, 1988, were legal contracts that bound Peterson to provide for her in the event of his death or disability.

The trial court denied Swanberg’s petition. The court found that the documents signed on September 21, 1988, were merely statements by Peterson expressing an intent to [490]*490make a future gift to Swanberg and that the documents did not comply with the written contract requirement in Minn.Stat. § 513.075(1) (1996). The court concluded that the documents were not valid written contracts because they did not recite the consideration and mutuality of promises or contain a clear and concise description of the relationship of the parties and the property to be conveyed.

ISSUES

1. Do the documents signed on September 21, 1988, comply with the written contract requirement in Minn.Stat. § 513.075(1) (1996)?

2. Are the documents signed on September 21,1988, valid testamentary instruments?

ANALYSIS

Where there is no dispute over relevant facts, the existence of a contract is solely a question of law to be determined by the court. Triple B & G, Inc. v. City of Fairmont, 494 N.W.2d 49, 53 (Minn.App.1992). An appellate court reviews a trial court’s resolution of legal issues de novo. Frost-Benco Elec. Ass’n v. Minnesota Pub. Utils. Comm’n, 358 N.W.2d 639, 642 (Minn.1984).

1. Swanberg argues that the documents signed on September 21, 1988, are contracts between her and Peterson that comply with the provisions of Minn.Stat. § 513.075 (1996).

Minn.Stat. § 513.075 provides:

If sexual relations between the parties are contemplated, a contract between a man and a woman who are living together in this state out of wedlock, or who are about to commence living together in this state out of wedlock, is enforceable as to terms concerning the property and financial relations of the parties only if:
(1) the contract is written and signed by the parties, and
(2) enforcement is sought after termination of the relationship.

MinmStat. § 513.076 (1996) provides:

Unless the individuals have executed a contract complying with the provisions of section 513.075, the courts of this state are without jurisdiction to hear and shall dismiss as contrary to public policy any claim by an individual to the earnings or property of another individual if the claim is based on the fact that the individuals lived together in contemplation of sexual relations and out of wedlock within or without this state.

It is undisputed that Swanberg’s claim is a claim to Peterson’s property. Swanberg does not contend that she has any present ownership interest in the property she is claiming. It is also undisputed that Swan-berg’s claim is based on the fact that she and Peterson lived together in contemplation of sexual relations and out of wedlock. Swan-berg contends that the contemplation of sexual relations is the consideration for the contract.

Because Swanberg’s claim is a claim to Peterson’s property that is based on the fact that she and Peterson lived together out of wedlock in contemplation of sexual relations, Minn.Stat. § 513.076 required the trial court to dismiss her claim as contrary to public policy unless she and Peterson had executed a contract that complied with the provisions of Minn.Stat. § 513.075. See Minn.Stat. § 645.44, subd. 16 (1996) (“shall” is mandatory).

To comply with the provisions of Minn. Stat. § 513.075, a contract must be written and signed by the parties, and enforcement must be sought after termination of the relationship between the parties to the contract. It is undisputed that the parties signed the purported contract and that enforcement was sought after the relationship between the parties to the purported contract ended. The only issue regarding compliance with section 513.075 is whether either of the documents signed on September 21, 1988, is a -written contract. We conclude that neither document complies with the statute.

A contract must be supported by consideration.

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Estate of Peterson
579 N.W.2d 488 (Court of Appeals of Minnesota, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
579 N.W.2d 488, 1998 Minn. App. LEXIS 680, 1998 WL 312832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estate-of-peterson-minnctapp-1998.