Matter of Michael J. Tharaldson Trust
Annotate this CaseIn 2017, Michael Tharaldson died and a probate action was opened to administer his estate. Tharaldson was unmarried and had three children, including E.M. The district court found he died intestate. In 2019, Bell Bank filed this action petitioning for a determination of trust beneficiaries and approval of asset distribution. Bell Bank claimed the sole beneficiary was Michael Tharaldson’s brother, Matthew Tharaldson. E.M. objected to the petition. E.M. appeals the ultimate order finding Matthew Tharaldson was the sole beneficiary of the Michael J. Tharaldson Irrevocable Trust Agreement II (“Trust II”) and was entitled to the trust assets. E.M. argues he was a beneficiary under the Michael J. Tharaldson Irrevocable Trust Agreement (“Trust I”), Trust I was unlawfully merged with Trust II, the trustee engaged in illegal trust decanting, and he was entitled to attorney’s fees. The North Dakota Supreme Court affirmed, concluding Matthew Tharaldson was the sole beneficiary under the plain language of either trust, and E.M. was not entitled to an award of attorney’s fees.
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.