A-14-0922, In re Trust of Bresel
County Court for Douglas County, County Judge Sheryl L. Lohaus
Attorney for Appellant (Candee Mack): David J. Lanphier (Broom Clarkson Law Firm)
Attorneys for Appellee (Marti Jo Fry): Edward D. Hotz & Emily L. Jung (Pansing Hogan Law Firm)
Attorney for Appellee/Cross-Appellant (Amanda Mack Gurock): James Polack (Polack Law Firm)
Civil Action: Removal and accounting/reimbursement action brought by cotrustee of a trust against another cotrustee
Action taken by the Trial Court: The trial court removed Mack as cotrustee and ordered her to account for all unauthorized distributions of trust property, to reimburse funds to the trust, and to pay attorney fees to Fry. The court also dismissed Mack's counterclaim for an accounting and removal of Fry as cotrustee and dismissed Gurock's claim against Fry seeking a determination of whether Fry's petition violated a provision of the trust. Mack appealed, and Gurock cross-appealed.
Assignments of Error on Appeal: Did the trial court err in determining that Bresel was incompetent and subject to undue influence beginning in 2007 and that Mack was acting as successor cotrustee from that time? Did the trial court err in considering and admitting medical testimony regarding the mental capacity of Bresel? Did the trial court err in finding Mack liable for and assessing damages against her of $31,000 for payments earmarked for caring for Bresel? Did the trial court err in determining the liability of Mack and assessing damages against her for $126,199.22 for transactions? Did the trial court err in admitting into evidence summaries of 'suspicious transactions?' Did the trial court err in assessing damages against Mack for $120,000 for allegedly removing cash from safe deposit boxes and err in admitting into evidence summaries and a correlation analysis? Did the trial court err in removing Mack as cotrustee and admitting her conviction for criminal mischief? Did the trial court err in dismissing Mack's counterclaim for removal of Fry? Did the trial court err in finding Mack liable and assessing damages against her for $258,805.92 for Fry's attorney fees and in denying Mack's claim for attorney fees?
Assignments of Error on Cross-Appeal: Did the trial court err in determining that the Trust terminates upon Bresel's death? Did the trial court err in determining that Gurock's use of the Trust Residence terminates on Bresel's death? Did the trial court err in reforming the Trust? Did the trial court err in interpreting the Trust? Did the trial court err in determining that Fry did not violate the Trust's 'no contest clause?' Did the trial court err in denying Gurock's request for attorney fees?