In re the David and Esther Singer Family Trust
Published: Apr. 19, 2001 | Result Date: Jan. 5, 2001 | Filing Date: Jan. 1, 1900 |Case number: BP059329 Verdict – $1,035,300
Judge
Court
L.A. Superior Burbank
Attorneys
Plaintiff
Marc L. Sallus
(Oldman, Cooley, Sallus, Birnberg, Coleman & Gold, LLP)
Defendant
Experts
Plaintiff
Howard C. Rile Jr.
(technical)
Facts
The wife, surviving spouse and trustee of the family trust, passed away on May 27, 1999. Just before the wifeÆs
death, her daughter moved in and took over the trust finances. The daughter was designated in the trust
document to become one of four successor co-trustees upon the death of her mother.
Upon moving in, the daughter took over the trust finances and allegedly forged her motherÆs name on seven
trust account checks and a credit card application.
After the motherÆs death, without disclosing her death to the bank, the daughter used the trust account funds
without the knowledge of the other successor trustees by using a power of attorney that had become void on the
death of the mother.
She also discussed with two of the four successor trustees signing a document that purportedly altered the trust
agreement by providing that the trust pay off the mortgage on her condominium as well as her brotherÆs
condominium and that her son receive a BMW automobile free and clear; they executed the document.
Without authorization, the daughter took jewelry and pearls from the decedent but refused to admit that she
had them until judgment was rendered and an OSC regarding contempt was set for hearing by the judge. The
jewelry had been given by the decedent to other members of the family.
The plaintiff contended that after the motherÆs death, the daughter took the IRS refund check for the trust and
deposited it into her own account.
Result
The court found by clear and convincing evidence that the actions of the respondent amounted to malice, fraud, oppression and despicable conduct. The court also found that prior to and during the litigation, respondent committed perjury and encouraged others to commit perjury. The court determined that the respondent forged trust checks, blatantly abused her fiduciary duty, concealed trust assets and refused to turn over valuable items of property.
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