No. 20-1447

Kenneth R. Kunzer v. Lisa A. Hiniker, et al.

Lower Court: Eighth Circuit
Docketed: 2021-04-16
Status: Denied
Type: Paid
Response Waived
Tags: breach-of-trust civil-procedure embezzlement estate-planning fiduciary-duty fraud probate probate-law resulting-trust testamentary-intent trust-administration
Key Terms:
DueProcess
Latest Conference: 2021-06-17
Question Presented (AI Summary)

Issue being raised

Question Presented (OCR Extract)

No question identified. : QUESTIONS Under the direction of Albert P Herschler the law firm of Meier, Kennedy and Quinn created and executed the Last Will and Testament of Mr. ; Herschler dated April 5th, 1960, and Codicil dated : January 16th, 1961, which included “Trust Aand_ Trust B”. On April 5%, 1960, U.S. bank, [f /k/a ‘First Trust National Association”], became trustee of Trust A and Trust B. On the death of Mr. Herschler, Helen A. Herschler became beneficiary of Trust A and B. . Mrs. Herschler passes away on Nov. 14, 1994. ; Pursuant to the January 16%, 1961 Codicil of Albert P. Herschler, at First (d) “This trust shall terminate upon the death of the last survivor of my said wife...” The above Codicil is referring to Trust B. The last survivors of Mrs. Herschler and legal beneficiaries of Trust B are Audrey Heriot, Gary C. Kunzer, William P. Kunzer, Richard A. Kunzer and Kenneth R. Kunzer. Pet.App. 8a-9a. In violation of the above Codicil U.S. Bank terminated Trust B and gave the © assets to St. Paul’s on the Hill Episcopal Church on June 27th, 1995. Pursuant to the Last Will of Mr. ; Herschler, Fifth (f) “The trust estate which my said : wife disclaims or any portion of the trust estate ‘ remaining on the death of my said wife, which my said wife shall have failed to dispose of in an exercise of the . power of appointment hereinbefore conferred upon her, shall be added to and become part of “Trust B.” [AJs of June 27th, 1995, U.S. Bank can no longer add Trust A ii to Trust B. U.S. Bank terminated Trust A on September 3, 1997. On May 8, 1998, in Washington County, Minnesota, probate court, U.S. Bank admitted that they have kept the assets of Trust A. Pet.App. 14a-15a. On July 14, 2003, Petitioner filed a petition by heir . of testator seeking declaration of resulting trust on failure of express testament trust in Minnesota, Ramsey County District Court. The above petition _ was filed within six years pursuant to Minn. Stat. 501C.1005. The above petition was to make U.S. Bank account for the assets of Trust A. On October 10%, 2003, U.S. Bank had ex parte communications with the above court. Pet.App. 16a Order n. 1. U.S. Bank lied and said they have ; “distributed all assets of Trust A”. Pet.App. 16a Fact n. 5. On October 13, 2003, U.S. Bank obtained and © order denying petitioner and legal heirs a hearing and access to the court. Petitioner's petition for a resulting trust is still on file in Ramsey Co. Dist. Ct. and yet to be heard. Pet.App. 16a Order n. 2. The foregoing raises the following questions. 1. Why did Magistrate Judge Menendez refuse to look at the Last Will and Testament and Codicil of: Albert P. Herschler? . 2. Why did Judge Menendez refuse to look at the : Ramsey County District Court June 27th, 1995 Order, terminating Trust B? : WW _ 8. Why did Judge Menendez refuse to look at the Ramsey County District Court Sept. 3", 1997 Order, terminating Trust A? . 4. Why did Judge Menendez refuse to look at the Wash. Co. Minn. Probate Ct., May 8, 1998 Order, in which U.S. Bank admitted they did not honor ' the Court approved Settlement Agreement and kept the assets of Trust A? Pet.App. 14a-15a. 5. Why did U.S. Bank never file a final account of the Estate of Helen A. Herschler in Wash. Co. Probate Ct.? ; : 6. Why did U.S. Bank never file a proper receipt, in Ramsey Co. Dist. Ct., showing the distribution of the remainder of Trust A to Saint Paul’s Church? 7. Pursuant to the Last Will of Albert P. Herschler can Trust A be added to Trust B after Trust B was terminated on June 27, 1995? : 8. Who did U.S. Bank distribute the remainder of : Trust A assets too? 9. Why did Judge Menendez use the null and void ex parte October 13, 2003 Order, in her report and recommendation? . 10. Did any of the above-named courts have personal ; and subject matter jurisdiction over petitioner and the other legal heirs? 11.Are defendants employed by U.S. Bank continuing : to buy securities across state lines with Trust A ; assets in vi

Docket Entries

2021-06-21
Petition DENIED.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-03
Waiver of right of respondents Meier, Kennedy & Quinn, Chartered; Charles M. Bichler, Esq; John C. Gunderson, Esq. to respond filed.
2021-04-07
Petition for a writ of certiorari filed. (Response due May 17, 2021)

Attorneys

Kenneth Kunzer
Kenneth R. Kunzer — Petitioner
Kenneth R. Kunzer — Petitioner
Meier, Kennedy & Quinn, Chartered; Charles M. Bichler, Esq; John C. Gunderson, Esq.
John C. GundersonMeier, Kennedy & Quinn, Chartered, Respondent
John C. GundersonMeier, Kennedy & Quinn, Chartered, Respondent