Matter of Emelia Hirsch Trust

Timothy Betz appealed an amended judgment awarding the trustees of the Emelia Hirsch Trust $5,000 plus interest for attorney fees and costs, and an order denying his post-judgment objection to costs and his request for a hearing. In 1994, the "Emelia Hirsch June 9, 1994, Irrevocable Trust" was created, whose beneficiaries were Emelia Hirsch's three children, Carolyn Twite, Marlene Betz, and Duane Hirsch, and Emelia Hirsch's ten grandchildren, including Timothy Betz. The trust became the source of protracted litigation and has divided the family into two factions, with Emelia Hirsch, Carolyn Twite and her children, and Duane Hirsch and his children contending Emelia Hirsch did not intend to create an irrevocable trust and give up control of her property during her lifetime. Marlene Betz and her children, including Timothy Betz, claimed the trust was irrevocable and they were entitled to benefits under the terms of the trust. In 2003, Emelia Hirsch petitioned to dissolve the trust. After further proceedings, Carolyn Twite and Duane Hirsch moved in April 2008 to reform the trust from an irrevocable trust to a revocable trust, with Emelia Hirsch retaining control over the trust property. The district court thereafter granted reformation of the trust after allowing the Betz faction further opportunity to comment or object to the reformation. Upon review of Timothy Betz's appeal of the district court decision, the Supreme Court affirmed the amended judgment and the order denying Betz's objection. The Court directed him to pay attorney fees in the amount of $1,000 plus double costs for his frivolous appeal. View "Matter of Emelia Hirsch Trust" on Justia Law