Key

FACTS

In 1999, Thomas and Elizabeth Plott created the Plott Family Revocable Trust (the Trust).1 The Plotts had three daughters: appellant Elizabeth Plott Tyler (sometimes referred to as “Tyler” or “Liz”); respondent Sarah Plott Key; and Jennifer Plott Potz, who is not a party to this appeal. The Trust, as amended in 2003, required an equal division of property among the three daughters. When Mr. Plott died in December 2003, Mrs. Plott became the sole trustee of the Trust. In that role, she was required to divide Trust assets into equal subtrusts: a survivor’s trust; a marital trust; and an exemption trust. The Trust directs that the allocation of assets among the subtrusts be made within six months after Mr. Plott’s death. That did not occur. The allocation was made in August 2006, nearly three years after Mr. Plott’s death. Trust Attorney Allan Cutrow, a partner at the law firm of Mitchell, Silberberg & Knupp (MSK) recalled “a couple” of meetings with Mrs. Plott before the allocation was made. He had one meeting with her alone in 2004, at which Mrs. Plott expressed a desire to exclude Key from the operation of the family nursing home business while ensuring that “there are…