Estate and Trust Dispute Center of Ohio

Jessica Forrest and Brittany Kaczmarczyk earned a unanimous jury verdict and an award of $110,000, plus attorney fees, on behalf of their clients—four beneficiaries of a trust who learned their trustee had hired her husband as a “consultant” to the trust. We sued for breach of fiduciary duty and related claims.

While an early settlement was an option, the Defendants instead opted for an aggressive litigation approach, involving excessive discovery and threats to use the trust’s no-contest clause to disinherit beneficiaries simply for seeking clarity on trust expenses. Just two weeks before trial, Brittany discovered that the Defendants may have altered a court document to gain additional information about non-trust assets. Under Jess’s cross-examination, the defendant-husband admitted he whited out and then changed the court’s order.

The five-day trial was the first jury trial in Summit County Probate Court in several years. The unanimous jury verdict helped deliver accountability and highlight the importance of fiduciary duty.