Administration of Terminating Trust until Disputes Are Resolved

Applying Florida law, the court denied motions: (a) to order distribution of the entire trust even though the beneficiary had reached the age of 35 and had exercised his right to withdraw the balance of the trust, and instead allowed the trustee to retain a reserve of $85,000, because there were objections to the accounts of the trustee still to be adjudicated and the expenses of the trustee had not yet been determined, (b) to compel the trustee to return funds because there was insufficient evidence of a breach of trust by the trustee, but the denial was without prejudice pending further findings by a master, and (c) to impose sanctions on the trustee for violating orders of the court because there was no evidence that the trustee had acted in bad faith. Harrison Trust, 1 Fid.Rep.4th 244 (Bucks O.C. 2023), on appeal, 1784 EDA 2023 (Pa. Super.)

[For an earlier opinion in this same case, see “Trustee Cannot Deny Withdrawals by Beneficiary with ADHD,” summarizing Harrison Trust, 11 Fid.Rep.3d 116 (Bucks O.C. 2021) (trust governed by Florida law), aff’d 635 EDA 2021 (Pa. Super. 1/4/2022) (non-precedential).]

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