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Alpert v. Riley

Any attorneys? fees or legal expenses incurred in prosecuting the damages claims against Roman Alpert after the beneficiaries' written notice of opposition were not authorized by the Trust Code, and were not reasonable or necessary as a matter of law. Houston?s 1st Court of Appeals, Nos. 01-06-00605-CV and 01-06-00505-CV.

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OPINION

In this trust management dispute involving three separate trusts, Roman Alpert and Renee Picazo, Guardian of the Estate of Daniel Alpert, a minor (collectively, the beneficiaries), appeal the trial court’s judgment. Specifically, they contend that the trial court erred in granting summary judgment that Mark Riley, appellee, was trustee of the three trusts as a matter of law, and in denying their motion urging the opposite conclusion–that, as a matter of law, he was not. The beneficiaries also ask that we reverse the judgment for other reasons, asserting that the trial court erred in (1) disregarding the jury’s finding that Riley breached his fiduciary duty; (2) confirming Riley’s payment of attorney’s fees and refusing to enter judgment against Riley for their attorney’s fees; and (3) reappointing Riley as his own successor trustee.

Robert Alpert, the trusts’ settlor and father of the trust beneficiaries, also appeals the trial court’s judgment, which finds him liable for breach of fiduciary duty and awards over $4 million in damages and attorney’s fees to Riley on behalf of the trusts, pursuant to the trial court and jury findings that Alpert breached his fiduciary duty to the beneficiaries. Alpert contends that, as settlor of the trusts, (1) he had no fiduciary duty to the trusts, and (2) Riley has no standing to sue him absent such a duty.

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