Appeals court reviews conversion and fee rulings in Miller family trust dispute

In docket 25P474, Miller et al. v. Harold Miller Jr., the Appeals Court considered whether the trial court erred in finding conversion of $290,461.23 and in awarding attorneys' fees to beneficiaries.

Ronald Dunbar argued for Harold Miller Jr. that the durable power of attorney and trustee provisions in the family trusts authorized compensation and distributions, and that the trial court improperly imposed duties (e.g., following an estate plan) that the documents did not require. He asked the panel to overturn findings of conversion.

Counsel for the beneficiaries, Scott Lang (with Kate Kramer), said the record showed 65 withdrawals across accounts shortly after the decedent's death, evidence of concealing account information, exclusion of co-trustee Mark from account communications, and substantial transfers used to fund a popcorn business; the trial judge credited medical records showing the settlor's diminished capacity and found conversion.

The judge also awarded attorneys' fees after a post-judgment hearing; appellants argued the appeal mechanism for that award should have proceeded before a single justice. The panel posed questions about preservation of issues on appeal and the scope of the durable power of attorney. The matters were submitted.