Notice of Court Hearings – NOTICE AND ORDER FOR HEARING

STATE OF MINNESOTA

COUNTY OF WRIGHT

TENTH JUDICIAL DISTRICT

DISTRICT COURT

PROBATE DIVISION

Court File No.: 86-CV-17-3627

IN THE MATTER OF THE BARLAMENT REVOCABLE TRUST AGREEMENT DATED DECEMBER 3, 1991

IT IS ORDERED that all persons interested show cause, if any they have, before this Court, on the 15th day of September, 2017, at 9:00 AM, Wright County District Court, 10 – 2nd Street NW, Room C201, Buffalo, Minnesota, why the Petition of Todd Barlament, praying for an order of this Court:

1. Setting the time and place and hearing on his Petition and directing the persons to whom and the manner in which notice of such hearing shall be given;

2. Finding that Petitioner and the other beneficiaries named in the Trust each have a recognizable interest in the income and principal of the Trust;

3. Requiring that Wendy K. Wenz provide an accounting for the Trust which covers the administration of the Trust during the period from her acceptance as trustee of the Trust, to and including the present;

4. Removing Wendy K. Wenz as trustee of the Trust and appointing an independent third-party trustee as successor trustee of the Trust;

5. Precluding Wendy K. Wenz from receiving trustee fees and prohibiting the use of assets of the Trust to pay Wendy K. Wenzs attorney fees, if any;

6. Imposing a constructive trust on any and all assets of the Trust to preserve Petitioners beneficial interest in the Trust, including upon any improper distributions from the Trust;

7. Requiring the newly appointed trustee of the Trust to recover any improper distributions from all recipients of such distributions in order to correctly distribute assets of the Trust in accordance with the terms thereof;

8. Awarding Petitioner all compensatory damages caused by Wendy K. Wenzs breaches of fiduciary duty, and awarding Petitioner all other costs, attorneys fees and disbursements incurred herein, as well as any other damages, costs or fees permitted by law; and

9. Awarding such other relief as the Court shall deem just and proper which petition shall then be heard, should not be granted. This order shall be published once at least twenty (20) days before the date of the hearing and a copy of this order shall be mailed 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 at his or her last address at least fifteen (15) days before the date of the hearing. Petitioner shall also personally serve Wendy K. Wenz with this Order.

DATED: August 2, 2017

BY THE COURT

/s/ Catherine McPherson

Judge

/s/ Kristy Carlson

Court Administrator

BEST & FLANAGAN LLP

William R. Asp (#388992)

60 South Sixth Street, Suite 2700

Minneapolis, MN 55402

(612) 339-7121

Published in the

Monticello Times

August 10, 2017

719541

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