Siefert v. Leonhardt

AHRENS, Judge.

Plaintiffs, all of whom have a future contingent interest in the corpus of the Roger E. Leonhardt Revocable Living Trust (Roger Trust), filed a four-count petition in equity against defendant, Jacqueline Leonhardt, the trustee of the Roger Trust. The trial court dismissed plaintiffs’ petition because it found that there was no fiduciary relationship between plaintiffs and defendant. We reverse and remand.

Bertha Leonhardt created the Bertha Le-onhardt Revocable Living Trust (Bertha Trust). In this trust, Bertha Leonhardt di rected that one half of her assets at death be set aside…