Cook v. Brateng

¶1 A. Diane Brateng appeals the trial court’s division of Elmer Cook’s trust property. We hold that *782Diane,1 who was both a beneficiary and trustee of Elmer’s trust, did not breach her fiduciary duties when she (1) did not inform John Cook, her brother and also a beneficiary of Elmer’s trust, that she decided to claim and defer charges against Elmer’s estate for providing Elmer’s care; and (2) decided not to encumber Elmer’s house to pay for his care. We reverse the trial court’s finding that Diane breached her fiduciary duties, hold that she is entitled to reasonable compensation for…