Missouri Court of Appeals, Eastern District / Jan 19, 2021
U.S. Bank, N.A., as Trustee of the Living Trust Agreement of Lorenz K. Ayers, dated May 3, 1967, as Amended and Restated, Respondent, vs. Elizabeth Molk, Appellant, and Anne Herbst, Catherine Herbst, Donald A. Herbst, Miles Herbst, David C. Molk, Rebecca B. Molk and Peter F. Molk, Defendants.
Elizabeth Molk appealed the probate court's grant of summary judgment to U.S. Bank, as trustee of the Lorenz K. Ayers Trust, on its declaratory judgment claim to convert a grandchild's trust to a unitrust. Molk argued the court erred in considering certain evidence, that the unitrust election was contrary to the trust instrument and statute, and that an award of attorney's fees against her was improper. The appellate court affirmed the probate court's judgment, finding the evidence admissible, the unitrust conversion permissible, and the attorney's fee award justified. The court also granted U.S. Bank's motion for appellate attorney's fees and remanded for their determination.