In re Guardianship of Leon Bloom, an incapacitated person. Marc J. Soss, individually, Appellant/Cross-Appellee, v. Marshall Bloom, individually, Appellee/Cross-Appellant, and Robert M. Elliott, as Trustee of the Leon Bloom Revocable Living Trust u/a/d 11/18/1998, as Restated on 10/22/2009, Appellee.

Summary

A putative successor trustee who knew or should have known he was not an appropriate trustee and whose appointment was never confirmed by the court is not entitled to compensation for services rendered. The trustee bears the burden of proving that all expenses, including attorney’s fees, were reasonably necessary and incurred for the benefit of the trust; failure to meet this burden requires return of the funds. The trial court abused its discretion by declining to order return of trust funds paid to the trustee’s personal attorney, as those payments were for the trustee’s own benefit, not the trust’s.

Holdings

1. A putative trustee who knew or should have known he was not an appropriate trustee and whose appointment was never confirmed by the court is not entitled to compensation for services rendered.
2. When a trustee fails to prove that payments to his personal attorney were for the benefit of the trust and not for his own benefit, the trial court abuses its discretion by failing to order the return of those funds.

Questions Presented

1. Whether the circuit court abused its discretion by not ordering Soss to return all funds taken from the Trust, specifically the $63,791.25 paid to his attorney Waskom.
2. Whether the circuit court properly directed Soss to return the $25,360 he paid himself.

Disposition

affirmed_in_part_reversed_in_part_and_remanded