Byrnes

FACTS

A. Background On or about November 10, 1988, the 1988 Fischer Living Trust was created by Harold Fischer and Alice Fischer; their four children (Wayne Fischer, Juel Bortolussi, Kim Fischer, and Andrea Sullivan) were named beneficiaries of the trust. Following the death of Harold and Alice Fischer, their son Wayne Fischer became the sole trustee.

1 On August 11, 2006, beneficiary Juel Bortolussi filed a petition to remove Wayne Fischer as trustee, for the appointment of a new trustee, and for an account. Similarly, in April 2007, beneficiary Andrea Sullivan filed a petition to remove Wayne Fischer as trustee, and for the appointment of a new trustee. Wayne Fischer, as trustee, presented an interim account and report of the administration of the trust, covering the period from November 13, 2004 to December 31, 2007. Beneficiaries Juel Bortolussi and Andrea Sullivan filed objections and amended objections to that account, which were opposed by Wayne Fischer. To resolve their dispute, all of the beneficiaries agreed to binding arbitration. The arbitrator William M. Andrews issued several orders in 2008 relating to the trust. On August 7, 2008, Wayne Fischer’s powers as…