Yeager v. U.S. Bank

Citations

• 2021 Ohio 1972

Syllabus

R.C. 5808.13(A) – Civ.R. 12(B)(6) – TRUSTS: The trial court erred in granting defendant trustee's Civ.R. 12(B)(6) motion to dismiss plaintiffs trust beneficiaries' claims for an accounting and breach of fiduciary duty where (1) R.C. 5808.13(A) provides a duty on the part of the trustee to promptly respond to a beneficiary's request for information, unless unreasonable under the circumstances, and (2) the breach-of-fiduciary-duty claims are based on an alleged embezzlement from the trust and the information concerning the alleged embezzlement is in the hands of the defendant.The trial court did not err in granting defendant trustee's Civ.R. 12(B)(6) motion to dismiss plaintiffs trust beneficiaries' claims for conversion and civil theft where the complaint alleged that the trustee \discovered\ that an agent of the trustee had committed an embezzlement from the trust however, the dismissal of the conversion and civil-theft claims for failure to state a claim should have been without prejudice.