STATE OF MINNESOTA COUNTY OF OLMSTED
DISTRICT COURT THIRD JUDICIAL DISTRICT
In re: Barbara J. Bussell Revocable Living Trust dated May 3, 2019
Court File No. 55-CV-21-4584
NOTICE AND ORDER FOR HEARING
IT IS ORDERED AND NOTICE IS GIVEN that a Petition by Mary L. Tostenson, Carol J. Freeman and Wesley M. Bussell, as heirs-at-law and potential beneficiaries of the above-entitled trust (the "Trust") has been filed with the Court. The Petition requests an order to:
1.Take in rem jurisdiction over this Trust;
2.Directing the Trustees and attorney Raymond L. Hanson to produce a copy of the Trust to petitioners;
3. Directing Raymond L. Hansen and the O'Brien & Wolf law firm to provide petitioner's
a copy of their legal file for Barbara J. Bussell and Minar L. Bussell including files related to any gifts, transfers, real estate transactions and all other matters including the estate planning matters;
4. Directing the acting Trustees of the Trust to produce an accounting for the administration of the Trust;
5.Requiring the acting trustees to post a bond in an amount the court deems appropriate;
6.To void the Trust due to fraud, duress, undue influence, or lack of capacity;
7.To find that Thomas E. Bussell and Dennis D. Bussell financially exploited Barbara J.
8. To order the immediate probate of all Trust assets and removing Thomas E. Bussell and Dennis D. Bussell from control of any Trust or estate assets;
9.To grant an equitable trust over any assets improperly taken by any person; and
10.Granting such other relief as the Court may deem appropriate.
IT IS ORDERED, that a hearing will be held at 3:30 p.m. on October 28, 2021 at the Olmsted County District Court, 151 Fourth Street SE, Rochester, Minnesota 55904 by Zoom. There will be no in person appearances.
Any objections to the petition must be mailed or filed by paper or in the electronic filing system, together with the court filing fee, to Olmsted County District Court, 151-4th Street SE, Rochester, Minnesota 55904 prior to the hearing instead of made in person. If proper and no objections are filed or raised, the Petition may be granted.
IT IS FURTHER ORDERED that notice of this hearing be given by publishing at least twenty (20) days prior to the date of this hearing, a copy of the Notice and Order for Hearing one time in a legal newspaper for the county in which the petition is filed, and by mailing a copy of this Notice and Order for Hearing at least 15 days before the date of the hearing to those current trustees and qualified beneficiaries of the trust whose identity is known and whose location is known or reasonably ascertainable to the petitioner after making reasonable efforts to locate such persons. Notice shall also be given to a qualified beneficiary who is a minor or an incapacitated person as defined in section 524.5-102 by giving notice to any representative person acting on behalf of such qualified beneficiary in accordance with the provisions of sections 501C.0301 to 501C.0305 who is known to the petitioner.
BY THE COURT
/s/ Wallace, Katherine
JUDGE OF DISTRICT COURT
Hans Holland - Court Administrator
ATTORNEY FOR PETITIONERS
Robert A. McLeod (#0225460) Kim Ruckdaschel-Haley (#0221831)
BEST & FLANAGAN LLP
60 South Sixth Street, Suite 2700 Minneapolis, MN 55402
Telephone: (612) 341-9737
(Oct. 2, 2021)2906575