Linthicum v. Rudi

Clare Linthicum-Cobb executed a revocable inter vivos trust naming herself as retaining amendment and revocation power without notice to beneficiaries, initially naming her brother and sister-in-law, Ernette and Myrna Linthicum (plaintiffs), as primary beneficiaries and successor trustees if she became incapacitated, with the trust becoming irrevocable only upon her death. Cobb later executed an amended trust naming Arnold Rudi (defendant), her late husband's nephew, as successor trustee and primary beneficiary instead; after a guardianship dispute involving Rudi and Guardianship Services of Nevada, in which Rudi withdrew his own guardianship petition after the Linthicums' objection, the Linthicums sued Rudi to cancel the amended trust or impose a constructive trust, alleging undue influence. Rudi moved to dismiss, arguing the Linthicums lacked standing to challenge a revocable trust during Cobb's lifetime since they had no vested legal interest until her death; the Linthicums argued several statutes permitted such a challenge and alternatively sought appointment as Cobb's guardians ad litem. The district court found no standing, granted the motion to dismiss, and denied the guardian ad litem request; the Linthicums appealed.