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Trustor”. Michael and Lynn were named as successor trustees and
were to receive the trust assets upon decedent’s death, with 60
percent thereof being distributed to Lynn and 40 percent to
Michael. The percentages were based on perceived need; Michael
has pursued a successful career in business as a real estate
professional, while Lynn has been less consistent in fiscal
matters.
At all relevant times, Lynn maintained a residence in
Hawaii. On December 18, 1990, a complaint was filed by the
Association of Apartment Owners of International Colony Club
(AOAO) against Lynn in the Circuit Court of the Second Circuit,
State of Hawaii. Lynn owned a home within the International
Colony Club condominium project, and the AOAO was the condominium
association overseeing that project. The complaint alleged that
Lynn had engaged in unauthorized and illegal construction and
renovation of her property and requested both injunctive and
monetary relief. Subsequently, in November of 1992, the AOAO
demanded arbitration of its claims. An arbitration award was
then entered against Lynn in December of 1993 and required
extensive reconstruction work as well as payment of fees, costs,
and expenses.
Lynn and Michael testified that following entry of the above
award, Lynn told Michael about her litigation versus the AOAO and
the concomitant award, which Michael then communicated to
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