In re Heupel Family Revocable Trust

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At issue was not the circuit court’s subject matter jurisdiction over a trust but, rather, the circuit court’s authority to enforce an order.The beneficiary of the trust filed a motion for an order to show cause for why the trustee failed to follow an order of the circuit court. The circuit court held the trustee in contempt, found that the trustee had breached his fiduciary duties to the beneficiary, and found that the trustee had misappropriated trust funds. The court ordered the trustee to personally reimburse the trust for the misappropriated funds and to personally pay the beneficiary attorney fees. The Supreme Court affirmed, holding (1) the circuit court had authority to enforce its order and did not clearly err when it found that the trustee violated the order; and (2) the circuit court did not err when it found that the trustee breached his fiduciary duties as trustee of the trust and did not err in its remaining decisions. View "In re Heupel Family Revocable Trust" on Justia Law