In the Matter of the Trust of Eli Esper
Published: Jan. 1, 2000 | Result Date: Aug. 12, 1999 | Filing Date: Jan. 1, 1900 |Case number: A118962 Bench Decision – $0
Judge
Court
Orange Superior
Attorneys
Plaintiff
Defendant
Facts
On April 28, 1997, trustor Eli George Esper died at the age of 83. He left a living trust dated February 13, 1997. Petitioner Vernell May Esper claimed she married Esper on December 26, 1996. The trust called for the assets to be divided into two trusts, Trust A and Trust B. The trust also provided that the trust became irrevocable and could not be altered by the surviving trustor. After Esper's death, the petitioner brought this action for an order instructing the trustee to pay all the trust income (of both trusts) to her during her life. The residuary beneficiaries of the trust, including Eli's son Larry Esper, objected to the petition.
Damages
The 62-year-old petitioner sought trust income of approximately $8,000 per month for the rest of her life.
Result
From Trust A: all of the trust income for the rest of her life (to the petitioner). From Trust B: $1,600 per month for the rest of her life (to the petitioner), plus a $100 cost of living increase retroactive to the decedent's death. $100,000 (petitioner's attorney fees) to be returned to the trust. $50,000 (to the objector for attorney fees). $1.5 million fiduciary bond (to be posted by the trustee). (BENCH DECISION)
Other Information
POST-TRIAL MOTIONS: Motion to vacate judgment by petitioner is pending. The court indicated it was considering surcharging the trustee for the improper payment of the petitioner's attorney fees from the trust and for his failure to post the fiduciary bond. The trust instrument called for the division of the trust into Trusts A and B. The decision was reached approximately one year and 11 months after the case was filed.
Length
two days
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