Bisio wins complete vindication on appeal of a client’s rights in trust dispute.
Richard D. Bisio won a complete vindication on appeal of a client’s rights in a trust dispute. On the petition of a contingent beneficiary, the lower court imposed a surcharge of $623,000 and a constructive trust of $528,000 on the client, requiring her to return those amounts that she received as distributions from the trust. Bisio took on the appeal after other counsel litigated the matter in the probate court for ten years. The court of appeals reversed the money awards and held that the client acted properly as a co-trustee and was entitled to all the distributions she received, even though they exhausted the trust assets. The court of appeals also reversed a fee award for the complaining petitioner and sent the case back to the probate court, where the client is now seeking an award of her fees.
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