Rausser v. Rausser
Once again, death, property, and inheritance strain familial bonds. Bruno and Eleanor Rausser, parents of four children, owned two parcels of land. The couple established the Rausser Family Revocable 1975 Trust (the Trust), which evolved into three separate trusts (Trust A, Trust B, and Trust C) upon the death of the first spouse. Trust A was revocable; Trusts B and C were irrevocable. After Bruno's death, Eleanor signed an amendment to the Trust, removing two of the children as beneficiaries of Trusts A and C. Eleanor later signed an amendment making appellant Greg Rausser sole beneficiary of Trusts A and B.[1]
Following Eleanor's death, her three other children, respondents Gary Rausser, Ronica Rosa, and Romilda Rausser-Nimmo, filed a petition seeking a declaration that they were equal beneficiaries with Greg as to Trusts B and C and challenging a 2003 transaction by Eleanor that impacted the trusts. Following a trial, the court found the 2003 transaction invalid, removed Greg as trustee of Trusts B and C, and appointed Gary and Romilda successor trustees. Greg appeals, arguing the trial court erred in invalidating the 2003 transaction and in removing him as trustee. In addition, Greg challenges the trial court's surcharge based on the 2003 transaction. We shall reverse those portions of the judgment removing Greg as trustee of Trusts B and C, appointing Gary Rausser and Romilda Nimmo as successor trustees, and surcharging Gary disbursements from Trusts B and C, and remand with directions.
Comments on Rausser v. Rausser