Idaho Supreme Court Opinion

In 2018 I testified as an expert witness in a local case. The decision for the defendant Trustee was appealed up to the Idaho Supreme Court. In his decision upholding the trial court decision, Justice Bevan quoted the following portion of the trial transcript:

Masterson testified that Edwin, as trustee, satisfied his duty to report and inform the beneficiaries of the Trust of the expenses and income. Further, Masterson testified that Edwin accounted for the income and expenses of Frizzell’s properties until they were officially distributed to Frizzell during the post-TEDRA period. Masterson also testified that he had no knowledge that Edwin converted or stole monies rightfully due to Frizzell, acted willfully negligent or in bad faith, or acted grossly negligent. Ultimately, Masterson testified that Edwin satisfied his legal responsibilities to the beneficiaries of the Trust. The only criticism Masterson had of Edwin was ‘allowing himself to be bullied by Mr. Frizzell.‘” Donald Craig Frizzell, et al v. Edwin DeYoung, et al, Idaho Supreme Court.

Defendant Trustee was awarded a monetary judgment and attorney fees and costs.

About Steve Masterson

Court-appointed Trustee and Personal Representative, providing neutral, third-party, administration of Trusts and Estates; estate planning consultant to families, attorneys, and fiduciaries; and expert witness for trust and estate litigation matters. See my website at
This entry was posted in Duties of Trustee, fiduciary, Idaho, Trust, Trust Administration, trust beneficiary, trustee. Bookmark the permalink.

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