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ARTICLE ID 193641

$________ Alleged failure to pay sum due and owing under trust agreement – Civil theft – Conversion – Breach of fiduciary duty – Demand for accounting

Miami-Dade County, FL

The plaintiff was the beneficiary of a trust set up by a close family friend. The plaintiff alleged that the defendant trustee, the decedent’s nephew, wrongfully denied the plaintiff the trust funds to which she was entitled, and transferred the funds to his personal account. The plaintiff asserted counts of civil theft, conversion, breach of fiduciary duty, and also demanded an accounting of the trust funds. The defendant argued that the trust account was appropriately closed after the plaintiff failed to cash the trust fund check for some 18 months after it was issued.

The plaintiff contended that she was entitled to receive $________ under the terms of the trust. The plaintiff successfully received the first payment of $________. She subsequently received a second check from the defendant in the amount of $________, indicating “final installment payment.”

The plaintiff testified that, before cashing the final check, she requested a copy of the trust agreement numerous times in order to verify the amounts. These requests were made verbally, by correspondence, and through counsel; but the defendant refused to comply, according to the plaintiff’s claims. When the plaintiff finally attempted to negotiate the final check, it was returned as unpaid, as the trust account had been closed.

The defendant maintained that he had the legal right to close the trust account after 18 months, and the plaintiff had not cashed the check during that time.The case was tried as a bench trial. The court found for the plaintiff on all counts, except civil theft. The plaintiff was awarded $________ in damages. The plaintiff claims entitlement to attorney fees and costs.

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