In Re Stephen M. Gunther Revocable Living
350 S.W.3d 44
| Mo. Ct. App. | 2011Background
- Stephen M. Gunther established a revocable living trust on June 3, 1997 with J. Barry Gunther as initial trustee; on Feb. 10, 2006 the settlor amended the trust to name himself as trustee and to modify the residuary beneficiaries upon his death.
- The settlor died on March 6, 2009, leaving Angel Gunther and two minor children (Alton and Adam) as beneficiaries.
- In 2010 the beneficiaries sought an accounting from inception (1997) to 2006 and from 2009 to date, plus potential additional relief (breach, constructive trust, removal costs).
- The trial court granted summary judgment to the trustee, holding the trustee had no duty to beneficiaries prior to the settlor’s death, thus no pre-death accounting was required.
- The appellate court affirmed, concluding the trustee’s duties to inform/account accrue only to the settlor while the trust is revocable; pre-death accounting to beneficiaries is not required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether beneficiaries are entitled to a pre-death accounting | Gunther argues for an accounting from inception to death. | Gunther contends no duties run to beneficiaries while the trust is revocable. | No pre-death accounting required; duties owed to settlor only. |
| Whether the trustee owed fiduciary duties to beneficiaries before death | Beneficiaries claim breach/fiduciary duties during revocable period. | Trustee owed duties exclusively to settlor while revocable. | Trustee owed no duty to beneficiaries prior to settlor’s death. |
| Proper interpretation of Missouri Uniform Trust Code timing provisions | Code allows beneficiary rights to information independent of revocation status. | Code limits beneficiary rights until settlor’s death during revocable period. | Code supports no pre-death accounting to beneficiaries. |
Key Cases Cited
- Columbia Mut. Ins. Co. v. Epstein, 200 S.W.3d 547 (Mo.App. E.D.2006) (final judgment despite unresolved issues; finality aligns with disposition of claims)
- Peters v. Peters, 323 S.W.3d 49 (Mo.App. E.D.2010) (beneficiary entitled to accounting of trust after death)
- IT T Commercial Fin. Corp. v. Mid-Am. Marine Supply Corp., 854 S.W.2d 371 (Mo. banc 1993) (summary-judgment standard and de novo review guidance)
- Ex parte Synovus Trust Co., 41 So. 3d 70 (Ala.2009) (persuasive, revocable-trust duties owed exclusively to settlors during revocable period)