After a decedent passed away, the trustee was forced to obtain a loan to cover significant medical debts and final expenses. To repay the loan, the trustee planned to sell the decedent’s home. However, the beneficiaries objected to the sale, and one of them moved into the property and refused to leave. The beneficiaries also filed a petition to remove the trustee and take control of the trust assets and administration.
A lengthy eviction trial followed, during which the court ultimately ruled in favor of the trustee and issued a writ of possession to remove the occupying beneficiary. The probate court later dismissed the petition to remove the trustee and ordered the property to be sold so the loan could be repaid. In the end, the beneficiaries received less than they would have had they cooperated with the trustee from the outset.
How Stone & Sallus Helped:
Stone & Sallus successfully defended the trustee throughout the contested trust litigation. They provided legal guidance and attempted early cooperation with the beneficiaries and their counsel to minimize costs and avoid court intervention. Despite those efforts, the beneficiaries pursued litigation, which ultimately proved unsuccessful.
Stone & Sallus prevailed in both the eviction trial and the probate matter, protecting the trustee’s role and ensuring proper administration of the trust. Their strategic representation safeguarded the trustee’s decisions and reinforced the importance of having experienced counsel to navigate complex trust disputes efficiently and cost-effectively.
