Nickas v. Capadalis

HIGHERS, Judge.

Defendant Charles C. Nickas (Trustee), co-trustee for the Emma C. Nickas Trust (Trust), appeals the trial court’s final decree terminating the Trust and distributing the Trust assets to certain Trust beneficiaries. We reverse the final decree in part because we conclude that the trial court improperly terminated the Trust without having all of the necessary parties before the court.

The parties’ mother, Emma C. Nickas (Settlor), created the Trust in 1963 as an irrevocable trust for the use and benefit of the Settlor, the Settlor’s daughter, Defendant/Appellee Peggy Nickas…