In plaintiff's suit against defendant alleging undue influence on the trustee to breach a trust of which plaintiff was a beneficiary, judgment in favor of defendant is reversed and remanded where: 1) the court erred in determining that plaintiff did not have standing to sue defendant for her role as a third-party participant in a trustee's breach; 2) the trial court erred in failing to consider and make the necessary findings as to whether plaintiff could recover from defendant under a theory that, after the trustee's death, defendant became a trustee de son tort, and thus had duties to the trust beneficiaries, which she breached; and 3) plaintiff may recover from defendant for defendant's breach of trust after the trustee's death.
Filed November 9, 2009
Opinion by Judge Aaron
For Appellant: Glenn, Wright, Jacobs & Schell and Ralph E. Hughes
For Appellee: Law Offices of William F. Roche and William F. Roche