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Keywords

appealhearingmotionfiduciaryprobatetrust

appealmotionfiduciaryprobatetrust

Related Cases

In re Estate of Wall, Not Reported in N.W.2d, 1999 WL 33454884

Facts

Marilyn Wall Obolensky appealed from orders of the probate court concerning the management of a testamentary trust established by her father, Albert F. Wall. The appeals involved the co-trustees' motion for summary disposition, which dismissed Obolensky's petitions for removal of the co-trustees, an audited accounting, and other requests. The court also approved the co-trustees' tenth account, which Obolensky contested on various grounds, including alleged mismanagement and failure to report trust assets accurately.

Marilyn Wall Obolensky appealed from orders of the probate court concerning the management of a testamentary trust established by her father, Albert F. Wall.

Issue

Did the probate court err in granting the co-trustees' motion for summary disposition and in approving their accounting?

Rule

Under the probate code, an order allowing an account of a fiduciary is final and conclusive unless there is evidence of fraudulent concealment or misrepresentation. A fiduciary must keep beneficiaries reasonably informed and is required to file a complete itemized accounting of all transactions.

Under the probate code, an order allowing an account of a fiduciary is final and conclusive unless there is evidence of fraudulent concealment or misrepresentation.

Analysis

The court applied the rule by determining that Obolensky's claims of mismanagement did not demonstrate fraud as defined by the probate code. The court noted that her allegations were essentially requests for more detailed information that should have been presented during the appropriate hearings. Additionally, the court found that the co-trustees' accounting met the legal requirements and that there was no evidence of mismanagement or failure to inform beneficiaries.

The court applied the rule by determining that Obolensky's claims of mismanagement did not demonstrate fraud as defined by the probate code.

Conclusion

The court affirmed the probate court's decisions, concluding that Obolensky's petitions were unenforceable as a matter of law and that the co-trustees' accounting was proper.

Who won?

The co-trustees prevailed in the case because the court found no evidence of fraud or mismanagement in their handling of the trust.

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Scholl v. Murphy, Not Reported in A.2d, 2001 WL 576224

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Jones v. Jones, 103 Mass.App.Ct. 223, 218 N.E.3d 85

Brown v. Wells Fargo Bank, N.A., 168 Cal.App.4th 938, 85 Cal.Rptr.3d 817, 08 Cal. Daily Op. Serv. 14,617, 2008 Daily Journal D.A.R. 17,491

Timberlake v. Sayre, Not Reported in N.E.2d, 2009 WL 3790495, 2009 -Ohio- 6005