Trust Administration Dispute
Successfully prosecuted claims on behalf of two grandchildren of an oil tycoon in a hotly-contested trust litigation against their brother and others for accounting, surcharge, appointment of successor trustee; ascertainment of beneficiaries and distribution of property on termination of trust; breach of fiduciary duty; intentional misrepresentation; fraudulent concealment; negligent administration of trust funds; wrongful termination in violation of public policy; and injunctive relief. A central issue in the case was management and control of a hotel property in Mexico, a major trust asset. After four lengthy mediation sessions, successfully removed defendant-brother as a co-trustee and settled the case on favorable confidential terms. When defendant re-filed the case and attempted to rescind the settlement agreement the following year, successfully filed for summary judgment with the Court upholding the settlement and granting judgment in favor of clients. The case thereafter settled again under confidential terms. Attorneys’ fees were awarded to client in both cases.