In re: The Gregg Conway Living Trust, as First Amended in Full
Petition to Compel Accounting and to Surcharge Trustee for Breach of Trust
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CASE NUMBER: 26PB-0033478 This matter is on calendar for hearing on a Petition to Compel Accounting and to Surcharge Trustee for Breach of Trust. The matter has been properly noticed. The Petition is based on the purported misappropriation of a Bank of America account by former Trustee Patricia Howard. The Petition shows that the Bank of America account was an asset of Gregg Conway as an individual. It does not establish that the Bank of America account was a Trust asset. The Petition provides there is a pour-over will but does not show that the will has been probated and that the Bank of America account has been distributed to the Trust.
Based on the foregoing, it appears that a Trust Petition is premature. An appearance is necessary on today’s calendar to discuss the character of the Bank of America account; specifically, whether it is a Trust asset or if it is an asset of Gregg Conway as an individual.
IN RE: HENRY J. KELMAN IRREVOCABLE TRUST
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