In re Trust of Trimble

This dispute centered around a revocable trust Settlor created during her lifetime. Settlor was the trustee of the trust until shortly before her death, when she substituted Judith Cunningham as trustee. After Settlor died, Marylynn Miller, a beneficiary, asked the probate court to order Cunningham to account for the activities of the trust since her appointment and to order Cunningham to reimburse her for attorney fees. Upon the probate court's order, Cunningham rendered the accounting. The probate court then ordered Cunningham to personally pay attorney fees and costs incurred during the course of the proceeding. The Supreme Court (1) reversed the ruling that Cunningham had a duty to account to Miller for the period preceding Settlor's death, as, pursuant to Iowa Code 633A.3103, the settlor alone is entitled to accounting for the period the trust is revocable; and (2) reversed the order requiring Cunningham to personally pay the fees and costs incurred litigating that issue, as there was no evidence Cunningham was guilty of malfeasance, fraud, or abuse. View "In re Trust of Trimble" on Justia Law