U.S. Trust, Bank of America, N.A. v. First National Bank & Trust

BILL H. WALMSLEY, Judge.

_JjIn this case, an express inter vivos trust failed when the settlor died without any readily ascertainable heirs. Bank of America (BA or the trustee) appeals from the judgment of the Randolph County Circuit Court, sitting as the probate court over the estate of the deceased settlor, that ordered the trustee to turn the trust assets over to the administrator of the estate. The court also ordered the trustee to reimburse the estate for expenses it charged the trust after it learned that the estate was opened and to pay attorney’s fees to the trust beneficiaries that…