Vendsel v. Vendsel, 891 N.W.2d 750

Decedent Dale Vendsel died in 2002; his Will created the Dale F. Vendsel Family Trust and named James and Jean Vendsel co-trustees and co-personal representatives. Jean was designated sole income beneficiary for life; remainder to be distributed after her death per the Will.
Bonnie Vendsel (daughter) repeatedly requested accountings and supervision (petitions filed 2004, 2014, 2015); initial 2004 proceedings produced inventory, proposed distribution, and amended accounting; the 2014/2015 filings sought annual trustee accountings and review of estate administration.
The district court held hearings and ultimately dismissed Bonnie’s petitions with prejudice (orders dated July 2015 and December 11, 2015), finding the Will’s provisions were followed and the claims lacked merit.
Bonnie appealed, arguing she was entitled to yearly accountings, the trustees breached fiduciary duties (including co-mingling assets and mishandling an option/sale), and the court should supervise the trust.
The Supreme Court considered whether the appeal was timely, whether Bonnie had standing or legal authority to demand annual accountings/supervision, and whether she proved a breach of fiduciary duty or damages from any alleged breaches.

Issue	Plaintiff's Argument (Bonnie)	Defendant's Argument (James & Jean)	Held
Timeliness of appeal	Appeal timely from December 11, 2015 order	Service of earlier July 2015 order started appeal clock; later order not served	Appeal was timely as to the December 11, 2015 order because notice of entry of that order was not served
Standing to demand annual trust accountings	As a beneficiary, she is entitled “by law” to yearly accountings	Bonnie lacks standing; Jean is sole income beneficiary while alive; Will contains no annual accounting requirement	Court affirmed Bonnie lacked standing/legal authority to demand yearly accountings or court supervision of trust
Right to a final estate accounting now	She seeks a final accounting and alleged co-mingling of assets	Personal representatives provided inventory/accountings in 2003–2004; estate not closed so no statutory final accounting required	Denied: no statutory requirement for final accounting until estate closure; prior accounting materials were provided
Breach of fiduciary duty / co-mingling / damages	Trustees breached fiduciary duties, co-mingled assets, and undervalued farmland (damages)	Trustees complied with Will, used appraisals for land sale, no proof of damages	Denied: plaintiff failed to identify specific duty breaches and to prove damages; co-mingling alone not shown to be unlawful or damaging

Domres v. Domres, 587 N.W.2d 146 (N.D. 1998) (party who obtains judgment normally must serve notice of entry to start appeal clock)
Estate of Thorson v. Thorson, 541 N.W.2d 692 (N.D. 1996) (actual knowledge of order can commence appeal time when notice of entry not served)
Estate of Gleeson, 655 N.W.2d 69 (N.D. 2002) (standard of review for breach of fiduciary duty findings)
Matter of Estate of Thomas, 532 N.W.2d 676 (N.D. 1995) (personal representative duties and trustee standards)
Estate of Ridl, 455 N.W.2d 188 (N.D. 1990) (personal representative fiduciary obligations)
Olson v. Alerus Financial Corp., 868 N.W.2d 851 (N.D. 2015) (breach of fiduciary duty is a tort claim)
Estate of Murphy v. Maus, 626 N.W.2d 281 (N.D. 2001) (elements required to prove breach of fiduciary duty)
Livinggood v. Balsdon, 709 N.W.2d 723 (N.D. 2006) (damages must be proved when damages are an adequate remedy)