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Korby Living Trust (the living trust), resided in Fergus Falls,
Minnesota. Austin died in Minnesota.
I. Background
Austin and Edna were married in 1948. They had four sons:
Dennis, Gary Alan Korby, Donald Wayne Korby, and Steven Glen
Korby. In 1993, Austin was 79 years old and Edna was 69 years
old. In February 1993, Edna was diagnosed with severe
Alzheimer’s dementia. She resided in Pelican Lake Health Care
Center, a nursing home, from mid-February 1993 until she died on
July 3, 1998, from progressive dementia. Before 1993, Austin
suffered a stroke and was diagnosed with Type II diabetes,
hypertension, and cardiac arrhythmias. During 1993, Austin was
diagnosed with atrial fibrillation with slow ventricular
response. In August 1996, Austin was hospitalized for pneumonia
and an episode of congestive heart failure. As a result, he
entered a nursing home for several weeks. Austin’s health
deteriorated after this episode. In the fall of 1998, Austin was
hospitalized again for pneumonia and was later transferred to a
nursing home, where he lived until his death. On December 2,
1998, Austin died of coronary artery disease, diabetes, and
pneumonia.
II. The Austin & Edna Korby Living Trust
In 1993, Austin and Dennis met with an attorney specializing
in estate planning. On June 2, 1993, with the assistance of the
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