Karen V. McIntyre v. Kevin L. McIntyre, et al.
DueProcess
Question not identified
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