Werber

FACTS AND PROCEDURAL BACKGROUND

In 1999, Ben Werber created irrevocable gift trusts for his two children: Fred Werber and Robin Armandpour. Fred is the sole beneficiary of his trust, the “Fred A. Werber Trust”; and Robin is the sole beneficiary of hers, the “Robin Werber Armandpour Trust.” Fred, Robin, and Steven R. Freed (the son of one of Ben’s business partners) are co-trustees of Fred’s trust. The co-trustees must act unanimously. Robin’s son, Evan Armandpour, is the contingent remainder beneficiary of Fred’s trust, meaning that Evan receives the trust principal and undistributed income after the death of Fred and Fred’s wife.

2 Ben died in 2021, and his wife died in 2022. Since then, the siblings and Evan have been in near constant litigation involving their respective trusts.1 This appeal focuses on a single ex parte application and order, and we limit our factual recitation and discussion accordingly. We further emphasize that our analysis is not intended to address any issues outside of the ex parte application. Fred’s trust acquired stock of an S corporation, Steward Realty Management Corporation (Steward). When Ben died in 2021, an estate planning attorney advised that…