In re Livne Trust

Mr. Horwitz represented the court appointed trustee of this trust. The remainder beneficiary had sued the trustee on ten separate counts, including breach of fiduciary duties, mismanagement of the trust and favoring the income beneficiary. The remained beneficiary asked the court to remove the trustee, to disallow his fees, to disgorge fees previously pay and to surcharge him for money allegedly improperly spent. Following a trial on the merits, Mr. Horwitz obtained a complete victory for the trustee, defeating all ten of the charges against his client, and obtaining court approval of the trust’s accounting. The remainder beneficiary filed an appeal of the trial court ruling, but dismissed her appeal before Mr. Horwitz’s opposition was due. The trial court approved the trustee’s petition to sell the Trust’s sole asset: a single family residence in Los Angeles, to pay trust expenses incurred as a result of the litigation.