No. 20-1495

Karen V. McIntyre v. Kevin L. McIntyre, et al.

Lower Court: Maryland
Docketed: 2021-04-26
Status: Denied
Type: Paid
Response Waived
Tags: contempt-of-court fiduciary-duties fiduciary-duty judicial-discretion state-law trust-accounting trustee-obligations
Key Terms:
DueProcess
Latest Conference: 2021-06-24
Question Presented (AI Summary)

Question not identified

Question Presented (OCR Extract)

QUESTIONS PRESENTED Should a state court be allowed to recognize a trust accounting produced by the trustee of an inter vivos trust as meeting the requirements of state law, that was 1) submitted only as a result of legal actions brought against the trustee by a beneficiary of the trust and 2) produced only during the discovery phase of a trial; thereby allowing a court to use its judicial discretion to interpret and/or redefine a trustee’s obligation under state law and/or the terms of the trust instrument, that clearly state what the trustee is required to do to satisfy the beneficiaries request for a full, complete and timely accounting of the trust? Should state courts be allowed to dismiss a case before it has answered an open petition for contempt of court properly filed against a trustee based on state law that mandated the court remove a fiduciary who has “willfully disregarded an order of the court,” thereby violating its oath of office to uphold the laws of the state? i

Docket Entries

2021-06-28
Petition DENIED.
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-05-10
Waiver of right of respondent Kevin L. McIntyre to respond filed.
2021-04-16
Petition for a writ of certiorari filed. (Response due May 26, 2021)

Attorneys

Karen McIntyre
Karen McIntyre — Petitioner
Karen McIntyre — Petitioner
Kevin L. McIntyre
John H. Doud IIIJohn H. Doud, III, Esq., Respondent
John H. Doud IIIJohn H. Doud, III, Esq., Respondent