Okonski

INTRODUCTION

The trial court approved the account and report prepared by a trust’s successor trustee. The court found the objections to the account and report, filed by one of the trust’s beneficiaries, were without reasonable cause and made in bad faith. Therefore, the beneficiary was surcharged for the successor trustee’s attorney fees and costs incurred in defending against those objections. The beneficiary appeals. We affirm. Substantial evidence supported the court’s findings that the account and report were proper and should be approved, and that the successor trustee did not breach any fiduciary duties. Having reviewed the record de novo, we agree the beneficiary did not have reasonable cause to bring the objections. Substantial evidence supported the court’s finding that the beneficiary acted in bad faith in bringing and pursuing the objections.

STATEMENT OF FACTS

Marie Hicks Jones was the mother of Cassandra D. Jones, Louis Jones, and 1 Tracey Bronson. In December 1995, Marie established The Marie Hicks Jones Revocable Trust (the Trust), of which she was the initial trustee. The Trust owns several parcels of real property, including two parcels on which Jones Community…