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AUGUST v. U.S. BANCORP

No. 26003-8-III.

190 P.3d 86 (2008)

Nick J. AUGUST, beneficiary and remainderman of Norma L. August Irrevocable Living Trust, Joseph M. August Family Trust, Joseph M. August Disclaimer Trust, Estate of Norma L. August, and Estate of Joseph M. August, Appellant, v. U.S. BANCORP, a Delaware corporation, personal representative of the Estates of Joseph M. August and Norma L. August, and its wholly-owned subsidiary, U.S. Bank National Association, trustee of the Norma L. August Irrevocable Living Trust, Joseph M. August Family Trust, and Joseph M. August Disclaimer Trust, and its wholly-owned subsidiary, U.S. Bancorp Asset Management, Inc., a Delaware corporation, Respondents.

Court of Appeals of Washington, Division 3.

August 7, 2008.

Attorney(s) appearing for the Case

Lloyd Allen Herman, Attorney at Law, Spokane, Christopher James Herman, Lloyd A. Herman & Associates, Spokane Valley, WA, for Appellant.

David Laurence Broom, Paine Hamblen LLP, Spokane, WA, for Respondents.

KULIK, A.C.J.

¶ 1 U.S. Bancorp, U.S. Bank National Association, and U.S. Bancorp Asset Management, Inc. (Bank) served as the trustee of the Joseph M. August Family Trust, the Joseph M. August Disclaimer Trust, and the Norma L. August Irrevocable Living Trust. The Bank was also the personal representative for Joseph and Norma August's estates. In 2002, the Augusts' son, Nick August, filed a petition challenging the personal representative's fees and a declaration...

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