Gary Pisner v. Robert M. McCarthy
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?
Whether the petitioner was denied procedural due process