IN RE: MERLIN A. INTERVIVOS ABADIE TRUST

Annotate this Case

Download PDF

IN RE: MERLIN A. INTERVIVOS ABADIE TRUST * NO. 2000-CA-2029 * COURT OF APPEAL * FOURTH CIRCUIT * STATE OF LOUISIANA VERSUS * * ******* GORBATY, J. DISSENTS IN PART. I respectfully dissent in part. The Trustee failed to act with “ordinary prudence” when it declined to take a security interest in the Melancon home. The Trustee has a fiduciary duty to safeguard the interests of the trust beneficiaries. Although the Trust does not specifically require the Trustee to obtain an ownership interest in real property, such an action would be a reasonable measure to protect all beneficiaries. Accordingly, for these reasons, I would reverse that portion of the decision of the trial court. In all other respects, I agree with the ruling of the majority.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.