Beneficiary sues trustee alleging breach of fiduciary duty

By Lhalie Castillo | Feb 14, 2019

EDWARDSVILLE — A beneficiary is suing the trustee of an estate after more than $75,000 went unaccounted for. 

Juliana Rubio filed a complaint on Feb. 6 in the Madison County Circuit Court against Kristine Petrosky, alleging she failed to properly administer the funds which were distributed to her as trustee.

According to the complaint, the plaintiff alleges that on Sept, 26, 2007, Evelyn Erwin executed her last will and testament for the benefit of the plaintiff, who was a minor at the time, in the amount of $164,000. Petrosky was named trustee. Erwin passed away on Sept. 6, 2013. 

At the age of 21, the plaintiff requested the defendant to distribute the remainder of the trust assets under Erwin's last will. On April 9, 2018 and after the plaintiff's necessary expenses of $47,070.25, she received only $40,000.56, as distribution from the trust, leaving the amount of $76,929.19 unaccounted for and due and owing to plaintiff. 

The plaintiff alleges Petrosky refused to provide an accounting for the trust assets and failed to pay the remainder of the trust balance to plaintiff as required under the trust.

The plaintiff requests a trial by jury and seeks damages in the amount of $76,929.19 in unpaid principal, plus interest, costs, attorneys' fees and such other relief that the court may deem just and equitable. She is represented by Debbie S. Champion, David P. Renovitch and Javas A. Smith of Rynearson, Suess, Schnurbusch & Champion LLC in St. Louis.

Madison County Circuit Court case number 19-L-0160

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Madison County Circuit Court Rynearson, Suess, Schnurbusch & Champion LLC

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