Sheaffer v. Trask

Steven Sheaffer, as trustee of the Franklin M. Millman and Dorothy R. Millman Revocable Trust (“Trust”), timely appeals after the trial court, following a nonevidentiary hearing, ordered him to distribute the sole asset of the Trust to Diane Millman Trask. As set forth below, we reverse.

The Millmans created the instant Trust in which they served as co-trustees. *1052Franklin Millman died in 1992. Several months later, Dorothy executed an amendment to the Trust in which she resigned as co-trustee and named her daughter, Trask, as sole trustee.

Dorothy later remarried. In 1996, she executed a second…