COLLECTION OF ASSETS, ACCOUNTING, AND OTHER RELIEF
STATE OF MINNESOTA
COUNTY OF WASHINGTON
TENTH JUDICIAL DISTRICT
CIVIL COURT DIVISION
Court File No: 82-CV-16-4890
In Re: Irrevocable Trust Agreement for the Benefit of
Wilber J. Eldridge
dated November 30, 2012
a/k/a Wilbur J. Eldridge Irrevocable Trust
IT IS ORDERED that all interested persons show cause, if any they have, before this Court, on the 27th day of January, 2017 at 9:00 a.m. at the Washington County Government Center in Stillwater, Minnesota, why the petition of Wilbur J. Eldridge, as sole beneficiary of the above entitled Trust, praying for an order of this Court:
(The term Removed Trustees means Kerry J. Eldridge, Kendall J. Eldridge and Sonya Smith and the term New Trustees means Wilbur J. Eldridge and First State Bank and Trust of Bayport, Minnesota.)
1. Pursuant to Minn.Stat. 501C.0707(b), ordering that the Removed Trustees expeditiously deliver all of the trust property within their possession or control to the New Trustees.
2. Pursuant to Minn.Stat. 501C.0707(c), ordering that the title to all trust property shall be owned by and vested in the New Trustees without any conveyance, transfer, or assignment by the Removed Trustees. Further ordering that, even though trust property is titled in or held in the name of one or more of the Removed Trustees individually or in the name of any of Removed Trustees in the name of the Trust at any bank, brokerage company, financial institution, mutual fund, or other entity, that title to all of the trust property is vested in the New Trustees without any further conveyance, transfer, assignment, or action by the Removed Trustees, and that any bank, brokerage company, financial institution, mutual fund, or any other entity holding any Trust property may rely on this order and transfer and deliver any and all such property to the New Trustees without notice to or the consent or signature of any Removed Trustee.
3. Pursuant to Minn.Stat. 501C.0809, ordering that the Removed Trustees and any other person in possession or control of trust property deliver the Trusts tangible personal property and any and all evidence of ownership of other trust property to the New Trustees.
4. Pursuant to Minn.Stat. 501C.0813, relating to the duty to inform and report, find that the Removed Trustees have breached their fiduciary duty by failing to keep Petitioner reasonably informed about the administration of the Trust and of other material facts necessary to protect Petitioners interest and by failing to promptly respond to Petitioners request for information relating to the administration of the trust.
5. Finding that the Removed Trustees have breached their fiduciary duty to Petitioner and to the Trust by: failing to comply with the terms of the Trust relating to distributions to Petitioner, failing to disclose the amount, nature, and location of trust assets; failing to account for the trust estate; failing to respond to requests by Petitioner; and for failing to keep Petitioner informed.
6. After reviewing the nature, extent, and value of the assets of the trust estate, the purposes of the Trust, and the costs of continued administration; if the New Trustees determine that it is in the best interests of Petitioner, terminating the Trust and distributing the entire trust estate to Petitioner outright and free of trust.
7. Pursuant to Minn.Stat. 501C. 1002, awarding to Petitioner and/or the Trust damages for breach of trust
8. Pursuant to Minn.Stat. 501C. 1004, awarding to Petitioner and/or the Trust their costs and expenses, including reasonably attorneys fees.
9. Such other and further relief is as just and lawful, including any of the relief or matters authorized by in Minn. Stat. 501C.0202, which petition shall then be heard, should not be granted.
It is further ordered that if any person receiving notice of these proceedings intends to object to any of the relief requested in the Petition, responsive pleadings setting forth in detail the objections to the relief requested or any other matter must be filed with this Court and served on counsel for Wilbur J. Eldridge, hereafter at least seven (7) days prior to the hearing date set forth in this Order.
The hearing may be continued from time to time without further notice other than by announcement at the hearing.
Inquiries concerning the relief requested may be directed to the attorneys for the Trust and Sole Beneficiary Wilbur J. Eldridge: Ronald B. Sieloff, Sieloff and Associates, P.A., 3460 Washington Drive, Suite 214, Eagan, Minnesota 55122, Phone: 651-454-2000, Fax: 651-452-1240, Email: [email protected]
This Order shall be published once in the Stillwater Gazette at least twenty (20) days before the date of the hearing, and a copy hereof shall be mailed to the Removed Trustees, the New Trustees and those beneficiaries of the Trust who are known to or reasonably ascertainable at their last known address at least fifteen (15) days before the date of the hearing.
Dated: December 7, 2016
BY THE COURT:
By: /s/ B. William Ekstrum
Judge of District Court
Sieloff and Associates, P.A.
Ronald B. Sieloff (#0100900)
Attorney for Petitioner and Trust
3460 Washington Drive, Suite 214
Eagan, Minnesota 55122
Email: [email protected]
Published in the
December 16, 2016