Minneapolis, MN 55402-3707
Phone: 612.333.3000
Fax: 612.333.8829
Bassford Remele is a full service litigation firm located in Minneapolis, Minnesota. Founded in 1882, the firm represents local, national and international clients in all areas of civil litigation and dispute resolution.
Commercial Litigation
Trust and Estates Litigation
The transfer of family wealth and interpretation of trusts and wills sometimes leads to conflicts. When you face a trust or probate litigation claim, rely on lawyers who have experience and familiarity with the unique issues presented in this area of the law, and are sensitive to the issues surrounding these cases. Bassford Remele has a team of attorneys who can assist you when you need to litigate a trust or estate matter. The firm has been involved in many of the significant trust and estate lawsuits in Minnesota over the past twenty years. Our experience includes:
- Trustee/PR Liability
- Petitions to Remove PR/Trustee
- Will/Trust Investment Issues
- Guardianship
- Evidentiary Hearings/Trial
- Probate Court Litigation
- Trust Petitions
- Petitions for Accounting
- Attorney/Fiduciary Fee Disputes
- Appeals
Representative Cases:
- Galloway Trust Litigation: Successful defense of U.S. Bank in its capacity as a corporate trustee against claims of breach of trust, breach of fiduciary duty, and claim for surcharge brought by two trust beneficiaries who alleged that upon their mother's death, her estate paid millions of dollars in allegedly excessive estate taxes. Claims were brought in eleven separate trusts. Many of the claims were resolved in favor of U.S. Bank on summary judgment. The remaining claim - that U.S. Bank should have created a family limited partnership in order to reduce estate taxes - was tried in a 10-week bench trial before the Honorable Margaret M. Marrinan in Ramsey County District Court. On April 25, 2007 Judge Marrinan issued a 180-page Order, including voluminous findings of fact and conclusions of law, holding that U.S. Bank fully complied with its fiduciary obligations to the beneficiaries.
- Williams Trust Litigation: Representation
- of the Williams family, the family which started the Creamette Pasta Company, in a surcharge claim against Norwest Bank (now Wells Fargo), which resulted in a multi-million judgment in favor of the Williams Family Trust as a result of the corporate trustee’s failure to diversify the Trust’s assets. The Court of Appeals decisions are reported at 591 N.W.2d 743 (1999) and 631 N.W.2d 398 (2001).
- Devine Family Trust: Representation of U.S. Bank in a claim by a trust beneficiary alleging breach of duty with respect to trust distributions. The Court granted summary judgment to U.S. Bank. This judgment was affirmed by the Minnesota Court of Appeals, which set forth standards in Minnesota for determining trustee abuse of discretion. 672 N.W.2d 912, 919 (Minn. Ct. App. 2004).
- Hill Trust Litigation: Successful defense of First Trust National Association (now U.S. Bank) in a billion dollar claim that involved litigation in Minnesota, Oregon and California. The claim against First Trust involved allegations of mismanagement of timberland held in trust. After several years of litigation and a 40-day trial, the court held that First Trust had not breached its duty. This decision was subsequently affirmed on appeal. In re Hill Trust, 499 N.W.2d 475 (1999). Subsequent representation of First Trust in a successful petition to create a limited partnership to hold the Hill Trust’s timber assets.
- Daniels Family Trust: Representation of trust beneficiaries to determine the rights of adopted children and grandchildren. This issue was ultimately resolved by the Minnesota Supreme Court, 361 N.W.2d 801 (1985).
- Weber Trust Litigation: Successful defense of First National Bank (predecessor to U.S. Bank) in its capacity as a trustee on a trust involving the holding of stock in a privately held company and the administration of that asset upon the death of the founder of the company and the trustor of the trust. The case was tried successfully to a jury in federal court.
- Hill Trust Litigation: Successful defense of First Trust National Association (now U.S. Bank) in the Hill Trust Litigation, a billion dollar claim which involved litigation in Minnesota, Oregon and California. The claim against First Trust involved allegations of mismanagement of timberland held in trust. After several years of litigation and a 40-day trial, the court ultimately held that First Trust had not breached its duty. This decision was subsequently affirmed on appeal. In re Hill Trust, 499 N.W.2d 475 (1999). Subsequent representation of First Trust in a successful petition to create a limited partnership to hold the Hill Trust’s timber assets.
- Daniels Family Trust: Representation of trust beneficiaries to determine the rights of adopted children and grandchildren. This issue was ultimately resolved by the Minnesota Supreme Court, 361 N.W.2d 801 (1985).
- Weber Trust Litigation: Successful defense of First National Bank (predecessor to US Bank) in its capacity as a trustee on a trust involving the holding of stock in a privately held company and the administration of that asset upon the death of the founder of the company and the trustor of the trust. The case was tried successfully to a jury in federal court.
Representative Clients: U.S. Bank, U.S. Trust (now Bank of America), and the Williams Family (heirs to founder of Creamette Pasta Company). In addition, the Firm has represented a number of beneficiaries of large Minnesota dynasty trusts in which litigation was prosecuted under seal and subject to confidentiality orders.
Bassford Remele Lawyers: Lewis A. Remele, Jr., Alan I. Silver, Patrick J. Sauter, Robin Ann Williams, David A. Turner, and Paula M. Semrow.