OPINIONS OF THE SUPREME COURT
FILED Wednesday, October 27, 2021
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
In re the Trust of Lawrence B. Schwagerl Trust Under Agreement Dated April 9, 1999.
Court of Appeals.
1. The court of appeals correctly concluded based on the unambiguous language of the trust document in this case that the real estate assets were conveyed through the trust to the surviving spouse.
2. The court of appeals erred in concluding that certain trust assets were ineffectively transferred to a family trust.
3. The court of appeals erred in concluding that the record did not support the finding that one of the respondents accepted a role as a trustee by performing duties as a trustee.
4. The court of appeals erred in declining to determine whether the disposition of certain cash assets breached one trustee’s fiduciary duties and failing to address the fiduciary duties of another trustee on the same issue.
Affirmed in part, reversed in part, and remanded. Justice Gordon L. Moore, III.
In re Petition for Disciplinary Action against Nom Fue Thao, a Minnesota Attorney, Registration No. 0387934.
Suspended. Justice Natalie E. Hudson.
In re Petition for Reinstatement of Alex Fuller Braden, a Minnesota Attorney, Registration No. 0390669.
Reinstated. Justice Natalie E. Hudson.