Daniel J. O'Gara


Terminated a Trust and Removed all Restrictions Tied to a Historic Building

We represented the Kentucky Mansion Preservation Foundation, which was seeking to terminate the trust and end the restrictions tied to Helm Place. A designated landmark, Helm Place was once the home of Emilie Todd Helm, half-sister to first lady Mary Todd Lincoln, and the home had been left to the foundation in a trust. Originally the foundation had hoped to turn the structure into a museum, but that was no longer economically realistic. Our attorneys successfully obtained a termination of the trust, clearing the way for the potential sale of the property.

Breach of Fiduciary Duties Relating to Large Revocable Trust

We defended a national financial services firm against allegations of breach of fiduciary duty relating to a large revocable trust that became irrevocable at the grantor’s death. Our client served as the corporate trustee for the trust. The co-defendant was an individual co-trustee who had power of attorney for the disabled grantor during her lifetime and was her nephew. The suit was brought by the deceased grantor’s daughter and granddaughter, alleging breach of fiduciary duty relating to the grantor’s disability and competency to make testamentary dispositions – which were in favor of the nephew and other members of his family. We have taken or attended more than 20 depositions, filed motions to disqualify the plaintiff’s experts, and worked with our experts on the grantor’s disability and the fiduciary duties of the corporate co-trustee.