In re the Pamela Andreas Stisser Grantor Trust

818 N.W.2d 495, 2012 WL 3101669, 2012 Minn. LEXIS 381
CourtSupreme Court of Minnesota
DecidedAugust 1, 2012
DocketNo. A10-1646
StatusPublished
Cited by40 cases

This text of 818 N.W.2d 495 (In re the Pamela Andreas Stisser Grantor Trust) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Pamela Andreas Stisser Grantor Trust, 818 N.W.2d 495, 2012 WL 3101669, 2012 Minn. LEXIS 381 (Mich. 2012).

Opinion

OPINION

ANDERSON, PAUL H., Justice.

Vernon L.E. Stisser (Stisser), the personal representative of the estate of his late wife, Pamela Andreas Stisser (Pamela), petitioned the Hennepin County District Court for an order directing certain payments and disbursements from Pamela’s inter vivos trust (Trust or Trust Agreement). Among other claims, Stisser sought an order requiring trustee David L. Andreas (Trustee) to (1) pay all debts at the time of Pamela’s death that were secured by Pamela’s personal property and by Pamela’s and Stisser’s real estate; (2) compensate Stisser for his services as the personal representative of Pamela’s probate estate; and (3) reimburse Pamela’s estate for all probate estate administration expenses. The court granted the Trustee’s motion for partial summary judgment on Stisser’s claim for payment of the secured debts. After a bench trial on Stis-ser’s remaining claims, the court concluded that the Trust Agreement did not require the Trustee to compensate Stisser for his services as personal representative and required the Trustee to pay only a limited amount of Stisser’s claimed administration expenses. A divided court of appeals affirmed in part and reversed in part. Because we conclude that the court of appeals incorrectly held that the phrase “pay ... my legal debts” requires the Trustee to pay debts secured by Pamela’s personal property, we affirm the court of appeals in part, reverse in part, and remand to the district court.

Pamela Andreas Stisser Grantor Trust

In 1966, decedent Pamela Andreas Stis-ser created an inter vivos trust for her lifetime benefit. In 1983, Pamela married Vernon L.E. Stisser. It was a second marriage for both. At about the time of their wedding, Pamela and Stisser executed a joint handwritten will. In 1999, and again in 2001, Pamela amended and restated the Trust Agreement. These amendments provided that during Pamela’s lifetime she would continue to be the Trust’s sole beneficiary and, upon her death, Pamela’s three children from her first marriage and Stisser’s four children from his first marriage would be the Trust’s remainder beneficiaries. The Trust’s assets were to be divided equally among the seven children.

[498]*498The Trust Agreement includes the following direction for the payment of “Expenses and Taxes” upon Pamela’s death:

3.1 Expenses and Taxes. The Trustees shall, if requested by the legal representative of my estate, or in their own discretion may, pay the following expenses, debts and taxes, directly or through the legal representative of my estate by way of advancement to or reimbursement of said legal representative:
3.1.1Expenses. The expenses of my last illness, funeral, burial or other disposition, unpaid income and property taxes properly chargeable against my estate, expenses of administration of my estate, including my non-probate assets, and my legal debts.

The Trust Agreement also directs the Trustee1 to reimburse Pamela’s fiduciaries for expenses and compensate them for their services. More specifically, section 11.1of the Trust Agreement reads as follows:

11.1 Compensation. My fiduciaries shall be entitled to reimbursement for expenses and to receive compensation for their services. Such compensation shall be based principally upon the time and labor required in order to fulfill their responsibilities hereunder, giving due regard to the complexity and novelty of any special problems or issues encountered in the administration of my estate or such trust, as well as the nature and extent of their responsibilities assumed and the results obtained in performing their duties.

Pamela’s Death and Subsequent Events

Pamela died on November 17, 2002. At the time of Pamela’s death, Pamela’s and Stisser’s joint will remained in effect. Under the terms of the will, Pamela’s entire probate estate passed to Stisser and Stis-ser was nominated to serve as the estate’s personal representative. As previously noted, the Trust’s assets, which totaled approximately $9.1 million at the time of Pamela’s death, were to be divided equally among the remainder beneficiaries— Pamela’s three children and Stisser’s four children.

In August 2003, Stisser demanded payment from the Trustee of all of Pamela’s debts at the time of her death. In making this demand, Stisser cited section 3.1.1 of the Trust Agreement. Stisser specifically demanded payment of Pamela’s credit card debts and payment of the following secured debts: (1) a $621,324 promissory note, co-signed by Pamela and Stisser, secured by residential real estate located in Galesburg, Illinois, that was owned by Pamela and Stisser as joint tenants; (2) a $1,366,205 purchase-money note and mortgage secured by a condominium located in Naples, Florida, owned by Pamela and Stisser as tenants by the entirety; (3) a $658,293 mortgage note, co-signed by Pamela and Stisser, on commercial real property located in Galesburg, Illinois, titled in Stisser’s name only; and (4) a $1,716,440 margin loan secured by Pamela’s Charles Schwab brokerage account, which account became an asset of Pamela’s probate estate upon her death.2 Thus, at [499]*499the time of Pamela’s death, the total outstanding debt secured by Pamela’s probate and non-probate assets was $4,362,262.

The Trustee disagreed with Stisser’s assertion that Trust Agreement section 3.1.1 required the Trustee to pay off Pamela’s debts with Trust assets. Nevertheless, the Trustee attempted to compromise with Stisser regarding his claims. The Trustee testified at trial that in an effort to avoid litigation, he made several multi-million dollar settlement offers to Stisser. Initially, the Trustee offered to pay all of the debts demanded by Stisser if Stisser would agree that, upon his death, all of the real estate that was jointly-owned by Pamela and Stisser at the time of Pamela’s death would go to the Trust’s beneficiaries— Pamela’s three children and Stisser’s four children. Later, the Trustee offered to pay — without restriction — all of Pamela’s unsecured debt and half of the debt on the jointly-owned Naples and Galesburg residential properties. This second offer from the Trustee was estimated by the Trustee to total over $2.1 million.

The Trustee’s overtures, in the form of letters mailed to Stisser on October 21, 2003; October 31, 2003; November 5, 2003; January 7, 2004; and January 28, 2004, went unanswered. Stisser testified that he did not respond to the Trustee’s settlement offers or make counterpropo-sals because he found the offers unacceptable and he was “sticking to [his] guns.” The failure of the parties to settle Stisser’s demand for payment resulted in over 7 years of litigation in three states — Florida, Illinois, and Minnesota.

Florida and Illinois Litigation

In January 2003, 2 months after Pamela’s death, the loan secured by Pamela’s and Stisser’s Galesburg residence became due. Central Illinois Bank (CIB), the mortgagee and holder of the note, demanded immediate payment of the indebtedness in full. Stisser elected not to pay the loan, causing CIB to initiate mortgage foreclosure proceedings in Illinois state court. According to James Potter, Stis-ser’s Illinois counsel, Stisser then used personal assets to fund a shell corporation, MJP Farms, which, in turn, paid off the CIB loan and took an assignment of the mortgage.

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Cite This Page — Counsel Stack

Bluebook (online)
818 N.W.2d 495, 2012 WL 3101669, 2012 Minn. LEXIS 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-pamela-andreas-stisser-grantor-trust-minn-2012.