S-23-0058, S-23-0059 In re Betty J. and Mylan Lamprecht Trusts
Appeal from County Court for Douglas County, Judge Derek R. Vaughn
Attorneys: James A. Cann, James F. Tews, and Gabreal M. Belcastro (Koley Jessen, P.C., L.L.O. for Appellant, Linda Haines), David A. Domina (Domina Law Group PC LLO for Appellee, Bryon Lambrecht), and Michael J. Milone and David J. Koukol (Koukol Johnson Schmit & Milone, LLC for Appellee, John Lambrecht)
Civil: Trust Administration
Proceedings below: After an evidentiary hearing, the county court removed Linda Haines as co-trustee, accepted the resignation of co-trustee John Lamprecht, appointed a successor trustee, denied Linda’s request to establish an easement and abstained from making a further determination on that issue, held cross-motions for surcharges in abeyance, and held cross-motions for attorney fees in abeyance.
On Byron’s motion to alter or amend, the court continued to hold the motions for surcharges in abeyance, denied the final distribution of trust assets, denied any request to impose an easement, and granted Byron’s motion for attorney fees, but it reserved ruling on the amount.
On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant, Linda Haines, makes the following assignments of error: 1) The County Court erred in determining that Linda breached her fiduciary duties to the Trusts; 2) The County Court erred in removing Linda as a co-trustee; 3) The County Court erred in failing to find that John and Byron’s removal claims against Linda were barred by the doctrine of unclean hands; and 4) The County Court erred in granting Byron’s motion for attorney’s fees.
Appellee, Byron Lamprecht argues on cross appeal that the trial court erred when it failed to decide 18 specific issues raised by the pleadings and re-raised by Byron’s Motion to Alter and Amend: 1) Shall Linda Haines be surcharged for malfeasance, or misfeasance as Trustee of either or both Trusts? 2) Shall John be surcharged for malfeasance or misfeasance as Trustee of either or both Trusts? 3) Shall a Special or Successor Trustee be ordered to distribute real estate not yet distributed to John? 4) Shall the Court order distribution of equal tenancy in common interests to Linda, John and Byron in real estate known generally as the South Place? 5) If not ordered distributed, shall the Court Order sale of the South Place by public auction or other reasonable means? 6) Shall the Court impose an easement upon real estate to be distributed to John or leave this issue until after distribution from the Trust? 17) What sums claimed due to Byron shall be ordered paid by a) one or more of the Trustees, or b) the Trust? 8) What sums claimed due to John Lamprecht shall be ordered paid by a) Linda Haines, or b) the Trust? 9) What sums claimed due to Linda Haines shall be ordered paid by a) John Lamprecht, or b) the Trust, if any? 10) Shall Linda Haines be ordered to pay attorneys, for the services of Byron's lawyers or John’s lawyers? 11) Shall John Lamprecht be ordered to pay attorneys for the services of Bryon’s or Linda’s lawyers? 12) Shall either Trustee be ordered to pay attorney’s fees and / or costs? If so, in what amount? 13) Shall Trustees of Mylan’s Trust be ordered to distribute the undistributed real estate in Mylan’s Trust? 14) What instructions, if any, should be issued to the Trustees? 15) If they are not removed, what accounting requirements should be imposed upon the Trustees? 16) What are the expenses of Trust administration? 17) Shall the sibling beneficiaries be ordered to pay 1/3 each of expenses of administration and debts owed by the Trust? 18) While the court decided that Byron would be awarded attorney's fees what amount is awarded?
Appellee, John Lamprecht, makes the following assignment of error on cross-appeal: 1) The trial court erred by deciding the issue of attorney fees awarded to Byron without quantifying the amount awarded, and by failing to decide 18 issues raised by the parties’ pleadings and the evidence submitted at trial; and 2) The trial court erred by finding John breached his fiduciary duties as co-Trustee, by finding that John engaged in bad faith conduct or behavior detrimental to the Trust, and by awarding Byron his attorney’s fees to be paid by John: i) (John contends the trial court erred in assessing Byron’s attorney’s fees against him but John does not challenge the trial court’s ruling that awarded Byron attorney’s fees to be paid by Linda.)