Campbell

FACTS AND PROCEDURAL HISTORY

1. The Original Trust In 1993 father and Helen, parents of the parties, had their family attorney, Timothy Blied, draw up the inter vivos Campbell Family Trust. In 2001 Blied was retained to amend and restate the trust. In 2007 Blied again was retained to amend the trust to change the trustees from father and Helen to Helen, Dennis, and James. All trustees had the power to act independently. From creation of the trust until 2010 all parties were to share equally in the trust assets upon death of both settlors.

2 2. The Parties’ Interactions with Father and Helen Doreen lived with her parents in their home (residence) beginning in 1989. She paid rent until 2007. Dennis moved in with his parents in 2001; he paid no rent. James and Laurinda regularly visited Helen. There was no evidence of any falling out between Helen and plaintiffs. Laurinda held Helen‟s healthcare power of attorney until Helen‟s death. Dennis testified Helen was not capable of taking care of her finances and Doreen testified Helen had never done so. Beginning in 2007, without telling James, Dennis comingled his own personal funds with money in a bank account in the name of his…