Facts

Dana McCluskey, Raymond Sawan, and Jackie Sawan claimed that in February 1999, their brother, Basim Sawan, became trustee of the Sawan Family Trust and then charged excessive attorney's fees. In May 2008, the trustor, Michael Sawan, passed away. The three siblings then claimed that Basim, as acting trustee, refused to distribute the bulk of the trust assets to them, the beneficiaries, and falsely claimed certain assets for himself.

They filed a petition against Sawan, alleging that his actions constituted bad faith, and demanded the distribution of the Trust's multimillion-dollar estate.

Basim claimed that he was not trustee until their father's death and that certain asserts were his personal property.

Damages

The petitioners sought recovery of $98,000 in Trust assets that were allegedly wrongfully taken by Basim, as well as repayment of $168,000 in alleged excessive and/or improper attorney fees.

Result

The Court ruled in favor of the petitioners, ordering the transfer of real and personal property that was valued at approximately $2 million. The Court also ordered the transfer of $98,000 in trust assets and $168,000 in improper attorney's fees, for a total of $2,266,000.