Kasperbauer

Appellants Heidi J. Kasperbauer, Kirsten N. Roehler and Kimberly J. Haugh are the beneficiaries of a trust. They seek and receive orders substituting a successor trustee in place of respondent William D. Fairfield, who had been the trustee for over 24 years. They also seek an order directing Fairfield to provide an accounting. The trial court orders the accounting and withholds $75,000 from the trust to cover Fairfield’s anticipated attorney fees and costs associated with its preparation. At appellants’ request, the court terminates the trust and distributes the corpus to appellants even though the accounting has not been completed.

Following distribution, Fairfield seeks additional funds to pay unanticipated fees and costs incurred in completing the accounting and responding to appellants’ objections. The court withholds an additional $25,000 from the proceeds of the sale of real property held by the trust “for the possible payment of trustee expenses in completing the accounting.” Fairfield’s attorney fees and costs exceed the amounts withheld. On recommendation of the referee to whom the cause was referred, the trial court orders, inter alia, that appellants return…