In re The Matter of ESTHER CAPLAN TRUST, 228 Ariz. 182

TJ Ryan

Case Conclusion Date:September 1, 2011

Practice Area:Trusts

Outcome:Affirmed as modified. Published decision.

Description:Successfully defended corporate trustee from claim of remainder beneficiary, demanding advanced notice of requests received by corporate fiduciary from lifetime beneficiary to invade principal, despite the fact that the trust authorized the corporate fiduciary, in its "sole" discretion, to make determinations of whether distribution of principal was proper. Arizona Court of Appeals, Division One, upheld ruling of trial court finding that remainder beneficiaries were entitled to information regarding the administration of the trust, but could not obtain "a seat at the table" in making decisions regarding the lifetime beneficiary's right to receive principal distributions.