Successfully defeated claim against trustee of family trust for breach of fiduciary duty

Successfully defeated claim against trustee of family trust for breach of fiduciary duty by establishing that complaining beneficiary had full knowledge of the administration and trust activities of the various assets of the deceased’s “estate,” including various trusts, and demonstrating that formal accounting was not required due to waiver by disgruntled beneficiary. The case was upheld on appeal and a final order was entered against the rouge beneficiary such that the final order became law of the case.