Williamson v. Brooks

The beneficiary of a trust seeks the value of “opportunities lost” resulting from the trustees’ refusal or neglect to distribute trust assets to the beneficiary. William Morgan created an irrevocable subtrust for the benefit of his daughter, Beverly. The subtrust started with an equity value of $67,500, and grew to the value of over $725,000. Beverly caused the succesor trustee to file suit alleging that if Beverly had been made aware of the subtrust, she would have used its assets to prevent the loss of her home. The trial court entered judgment in favor of the trustees. The court concluded that, in the absence of damages, Beverly has not established her claim for breach of fiduciary duties. The court also concluded that the record supports the trial court’s conclusion that the cotrustees did not breach their fiduciary duties to Beverly. Accordingly, the court affirmed the judgment. View "Williamson v. Brooks" on Justia Law