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Rollins v. Rollins

The trial court erred in failing to find that the trustees breached their fiduciary duties to the beneficiaries for their actions taken at the entity level, rather than the trust level, since Georgia law and authority on the issue from other jurisdictions supported the finding that the trustees owed a fiduciary standard of care as to their actions related to the family entities under their control that were held within the trusts, which included the management of and distributions from the family entities.

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Four siblings, Glen W. Rollins, Ruth Ellen Rollins, Nancy Louise Rollins, and O. Wayne Rollins II, are the beneficiaries of several trusts the “Beneficiaries”. The Beneficiaries brought this action for, among other things, breach of trust and breach of fiduciary duty, against their father, Gary W. Rollins, and their uncle, R. Randall Rollins, individually and as trustees of the trusts at issue; and a family friend, Henry B. Tippee, in his capacity as a trustee of the trusts at issue. The parties cross-motioned for summary judgment, and the Beneficiaries appeal from the trial court’s order. The Beneficiaries enumerate as error the trial court’s refusal to order an accounting of family entities held within the trusts and its refusal to find that various actions by the appellees taken at the entity level, rather than the trust level, amounted to breaches of trust and of fiduciary duty. Additionally, the Beneficiaries contend that the trial court erred in its findings regarding actual harm and in granting summary judgment to the appellees. For the reasons that follow, we reverse the judgment and remand the case to the trial court for further proceeings.

Pursuant to OCGA § 9-11-56 c,

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