Rick Bickhram

In an ongoing estate litigation spanning over 20 years, the trustees of the defendant estate became deadlocked.

One trustee refused to approve a settlement or the payment of professional fees, asserting his own interests as a beneficiary and threatening litigation against his co-trustees.

The co-trustees moved to remove him as a trustee and for court approval of estate expenses paid from property sale proceeds.

The court granted the motion to remove the dissenting trustee, finding he was no longer acting in the interests of the estate.

The court also exercised its inherent jurisdiction to break the deadlock and approve the payment of reasonable estate expenses, without prejudice to the removed trustee's right to challenge the payments at a future passing of accounts.