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Date: 10-23-2024
Case Style:
Edward Ivan Peters, et al. v. Lisa Woods
Case Number: 04pr-19-356
Judge: Christine Howart
Court: Circuit Court, Benton County, Arkansas
Plaintiff's Attorney:
Defendant's Attorney: Gary D. Marts, Jr., Eric Berger, and Caley B. Vo
Description:
Bentonville, Arkansas probate lawyers represented Plaintiff and defendants in a breach of fiduciary duty case.
Zoran, a settlor and trustee of the Peters Trust was alive but living in Florida-where Ed and Jennifer live and where Jennifer incorporated JASP Real Estate LLC. Zoran filed a trust-related suit against Lisa, who had been-and would contend she still was-his co-trustee. Lisa sued Zoran back. Lisa's suit sought to restore the favorable original state of the Peters Trust, which made her the sole beneficiary when her parents died. She detailed a history of Ed's financial abuse of their parents along with recent conduct supporting her contention that Zoran's actions since 4 April 2018 were the product of Ed's coercion and undue influence and that both Zoran and his wife, Sally,
had lacked capacity at important times. She sought (from Zoran) an accounting of trust-related transactions since 2018. Zoran never provided one. When Lisa sought (from Zoran) Ed's physical address, Zoran at first provided only a phone number.
In May 2019, Sally died. Some serious writing was on Zoran's health wall as well. By March 2021, both his legs had been amputated, and he was receiving dialysis three times a week. He spent much of 2020 in and out of hospitals. He has since died.
After several hearings, and almost ten months, the circuit court found Zoran had refused to comply with court orders to properly answer basic discovery, such as Lisa's request to provide an address for Ed, whom Zoran had listed as a potential witness and a person who helped prepare his interrogatory responses. Later, Zoran's withdrawing counsel identified Ed as his agent. The circuit court would eventually find, after a trial that is not in the record, that Ed had been controlling Zoran's litigation all along. Whether Zoran was Zoran, or Ed speaking from behind the curtain while pulling levers, no accounting was provided.
Despite this, through subpoenas and public records, Lisa identified at least $1 million in transfers sourced in trust property that had apparently been diverted to Ed, Jennifer, Jennifer's mother, or JASP Real Estate. She filed a third-party complaint demanding the return of those assets under several legal theories. She sought (and received) a temporary restraining order, then a preliminary injunction, prohibiting Zoran or Ed & Co. from exercising further control over property traceable to the trust. The 14 July 2021 preliminary injunction order directed Ed & Co. to provide, within ten days, essentially the same accounting the court had ordered from Zoran.
* * *
Peters v. Woods, 2024 Ark.App. 500, CV-23-332 (Ark. App. Oct 23, 2024)
Outcome: The circuit court saw it differently: No accounting? Then no trial. It entered an order holding Ed & Co. in default as a sanction for discovery noncompliance and contempt.
Affirmed in part.
Plaintiff's Experts:
Defendant's Experts:
Comments: