S-20-0455 In re Trust of Zutavern
Shawn Zutavern and Russell Zutavern (Appellants); Meredith Zutavern, Shayne Zutavern, Maria Zutavern, and Kelly Leonard (Appellees)
Lancaster County District Court, Hon. John A. Colburn
Attorneys: Brian J. Koeing, James A. Tews, John V. Matson (Koley Jessen, PC LLO, for Appellants); Daniel J. Guinan, Robert W. Futhey, Ryan M. Ricke (Fraser Stryker, PC LLO, for Appellees).
Civil: Probate
Proceedings Below: Appellants filed a petition regarding the William R. Zutavern Family Trust, asserting various claims against it. The district court found that Appellants were no longer beneficiaries under the trust and therefore lacked standing to bring the current action.
Issues on Appeal: Whether the district court erred in 1) finding that Appellants are not beneficiaries under the trust and thus, lacked standing to assert their petition; 2) finding that Appellants lacked standing to bring an action against the trustee, Meredith Zutavern, for the numerous breaches of her duties and related claims; 3) finding that the trustee, Meredith Zutavern, owed her duties exclusively to the company and not to the Appellants; 4) finding that the key language of the trust is not ambiguous; 5) failing to consider the merits of Appellants’ motion for temporary injunction, which finding was also based on the district court’s erroneous determination that Appellants lacked standing; and 6) excluding certain evidence of the settlor’s intent offered by Appellants in support of the asserted motion for temporary injunction.