In the Matter of the Thomas H. Gentry Revocable Trust

Summary

The Supreme Court of Hawaiʻi reviewed the Intermediate Court of Appeals’ dismissal of Kiana E. Gentry’s appeal concerning enforcement of a settlement agreement governing the liquidation and distribution of trust assets. The court held that the appeal was not an impermissible collateral attack on the probate court’s separate distribution judgment and was not moot, vacated the ICA’s judgment, and remanded for further proceedings.

Holdings

1. The appeal was not an impermissible collateral attack because Kiana filed her petition to enforce the settlement agreement before the co-trustees filed their petition for instructions and before the distribution judgment existed. The settlement agreement also addressed matters broader than those addressed by the distribution judgment.
2. The appeal was not moot because Kiana could still receive effective relief. The probate court retained authority under Hawaiʻi Probate Rule 36(b) to reopen or amend the distribution judgment, and the trust assets remained under the co-trustees' control.
3. The appeal was not moot because the settlement agreement and distribution judgment did not embrace the same subject matter. The settlement agreement addressed numerous matters beyond the pro rata distribution of remaining trust assets.

Questions Presented

1. Whether Kiana's appeal from the denial of her petition to enforce the settlement agreement constituted an impermissible collateral attack on the separate distribution judgment.
2. Whether Kiana's appeal was moot because she had not appealed the distribution judgment and the ICA allegedly could not grant effective relief.

Disposition

vacated