No. 20-856

Gary Pisner v. Robert M. McCarthy

Lower Court: Maryland
Docketed: 2020-12-29
Status: Denied
Type: Paid
Tags: asset-transfer beneficiary-rights civil-rights contempt court-appointed-trustee due-process ex-parte-contact procedural-due-process standing trust trust-governance trustee
Latest Conference: 2021-02-26
Question Presented (from Petition)

1. In this matter there was no procedural due process for the Petitioner, no notice, no review of evidence, no testimony under oath, no service of documents prior to the trial court removing the Petitioner, the beneficiary of a trust and trustee of the trust, before the trial court appointed its default court appointed trustee and before the court appointed trustee transferred all of the trust assets to a prior beneficiary of the trust, who was working with the trustee and to the appointed trustee?

2. Does a court appointed trustee have the powers and responsibilities of a trustee that was not appointed by a court, such as the ability to issue orders, which can be enforced by a contempt proceeding; the ability to override court orders; the ability to have ex parte contacts with the judges; the ability to disregard the trust agreement?

3. Does a court appointed trustee have the ability to use the assets of the trust, the assets, held in trust for the beneficiary, to use as consideration in an attempt to acquire a general release of liability for the trustee and his associates?

4. Does a court appointed trustee have the ability to seek the incarceration of a beneficiary after the beneficiary moves for the court appointed trustee's removal?

Question Presented (AI Summary)

Whether the petitioner was denied procedural due process

Docket Entries

2021-03-01
Petition DENIED.
2021-02-10
DISTRIBUTED for Conference of 2/26/2021.
2020-12-21
Petition for a writ of certiorari filed. (Response due January 28, 2021)

Attorneys

Gary Pisner
Gary Steven Pisner — Petitioner