Preview
81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF WASECA THIRD JUDICIAL DISTRICT
In Re the Matter of the Ronald E. Roehrs Court File No. 81-CV-23-104
Trust dated August 9, 1999. Case Type: Trust
Judge Carol M. Hanks
TRUSTEE’S OBJECTION AND COUNTER-
PETITION TO THE AMENDED PETITION FOR
REMOVAL OF TRUSTEE, APPOINTMENT OF
A SUCCESSOR TRUSTEE, AND ACCOUNTING
AND OTHER RELIEF OF MICHAEL ROEHRS
Marvel B. Roehrs, Trustee of the Ronald E. Roehrs Trust dated August 9, 1999, and amended
September 13, 1999, (“Trust”), through the undersigned attorney, objects to the Amended
Petition for Removal of Trustee, Appointment of a Successor Trustee, and Accounting and Other
Relief (“Petition”) as follows:
OBJECTION
1. As an asset of the trust, the Trustee manages the approximately 120 acres of real property
in Waseca County, Minnesota as described at number 69 of the Petition, including her
home. Approximately 108 acres of this property is tillable cropland (“the Farmland”).
2. Despite the fact that Trustee has not previously sent out an annual accounting, Trustee
has kept the beneficiaries of the Trust updated regarding the state of the Trust’s asset,
including communication about flooding of the Farmland and the house. Trustee did not
intend in any way to hide Trust assets by her failure to send the accounting, she was not
specifically aware of the requirement before it was brought to her attention.
81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
a. As soon as the concern was brought to her attention, Trustee began making
arrangements to collect the necessary documents and draft an accounting.
b. The Trustee intends to offer a full accounting despite the
3. Trustee objects to the Petition brought forward. Trustee has not committed a serious
breach of the Trust, nor has there been a persistent failure to administer the Trust
effectively. Trustee is not unfit, nor unwilling to serve as trustee.
4. Trustee is willing and able to continue to carry out the duties of the trustee.
5. Trustee objects to Petitioner’s categorization that Trustee is “unfit” under Minnesota
Statute § 501C.0706 because she lacks the ability to understand the nature and effect of
what she is doing, that she susceptible to suggestion, that she does not understand her
rights or duties, and that she is incapable of managing her personal financial affairs and
those of the Trust.
a. Trustee has consistently carried out the last wishes of Ronald E. Roehrs and
maintained the property belonging to the Trust with care.
b. Trustee denies having any form of dementia, hereditary or otherwise. Trustee has
conferred with her sister and to their knowledge no form of dementia runs in their
family.
c. Trustee does not deny that it became necessary to disconnect an old phone line in
the Fall of 2022, but, upon information and belief, Petitioner was given new
phone numbers to reach Trustee at by Trustee’s sister.
d. Trustee adamantly denies that she has allowed anyone to “hijack” the Trust.
e. The Petition questions Trustee’s fitness to act as Trustee based on the fact that the
Trustee has executed a Power of Attorney instrument. This fact does not rise to
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81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
the level of removal nor does it support a finding that the Trustee is unfit to serve.
A Power of Attorney instrument is standard practice in estate planning. This
instrument has not been utilized in any official capacity to control any of
Trustee’s personal affairs let alone those of the Trust.
f. In order to execute a Power of Attorney, Trustee had to be found competent to do
so. This exhibits that Trustee was found to be of competence under the law as
recently as 2021.
6. Petitioner fails to show any evidence that Trustee is unwilling to serve.
7. Trustee objects to any implication that improper payments are being made to Sandra
Walstrom or Ervin Abraham.
8. Until the Fall of 2022, none of the beneficiaries had requested an annual accounting nor
raised any objections to the current lease of the Farmland.
9. Trustee objects to the allegation that she has not administered the Trust upon its terms or
impartially because of the current Farmland lease with Garry Walstrom.
a. Upon the wishes of her late husband, the Grantor of the Trust, Trustee has
continued to lease the Farmland to Garry Walstrom at rental rate of $11,880.00 a
year, paid in two installments of $5,940.00 in the Fall and in the Spring. This
amounts to approximately $110.00 per acre of Farmland. Ronald E. Roehrs had
verbally instructed that the rental rate should not be increased.
b. The Farmland is formerly swamp and has continued to flood over the years. Both
the Trust and Garry Walstrom, personally, have invested in tiling the land over
the years.
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81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
c. The above rental rate took into account the condition of the Farmland and
drawbacks to farming land that floods.
d. As evidence that Trustee wishes to remain impartial to the beneficiaries, when the
concern regarding the Farmland rental rate was brought to her, she agreed to
increase the rental rate despite the verbal instructions from Ronald E. Roehrs.
e. The new rental agreement with Garry Walstrom is as follows:
i. For the year 2023, the rental rate will be $208.00 per acre, totaling
$22,464.00.
ii. For the year 2024, the rental rate will be $228.00 per acre, totaling
$24,624.00.
iii. For the year 2025, the rental rate will be $248.00 per acre, totaling
$26,784.00.
f. Petitioner had previously submitted as Exhibit E to his first petition, the average
cropland rental rates by county as published by the University of Minnesota
Extension. As shown, the average cropland rates in Waseca County, Minnesota
were $223 for 2021(the last year with a reported number).
g. The agreed upon rates for the next three years will better reflect the increase in
land value in Waseca County while still accounting for the land quality issues.
10. Trustee objects to any interference in the current lease of the Farmland for the current
farming season. Garry Walstrom has already tilled the land during Fall of 2022 and
purchased inputs on reliance of the current lease with the Trust. Interference with the
lease would cause the Trust to breach the agreement, likely require the Trust to pay
damages, and would border on tortious interference with a contract.
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81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
11. In the alternative, Trustee objects to the appointment of Steven Roehrs.
a. Prior to this Petition and the prior petition filed by Petitioner, Seven Roehrs joined
Petitioner in retaining an attorney to remove the Trustee.
b. Upon information and belief, Trustee fears that Petitioner exercises influence over
Steven Roehrs and this influence would continue should Steven Roehrs be
appointed, leading to the potential for impartiality amongst the beneficiaries.
c. Section VII (C) and (D) indicate that the beneficiaries should have input in
selecting a new trustee should the Trustee resign. Trustee asks that the Court
uphold the plain language of the Trust and allow all beneficiaries to have input on
this matter.
12. Trustee does not object to Count V of Petition.
a. The Trust offers clear language of instruction for the income of the Farmland rent
to be added to the principal of the Trust during Grantor’s lifetime in Section IV,
but any instruction on the application of the income to the principal is
intentionally omitted from Section V of the Trust in both the original language
and as amended in August of 1999.
b. Paragraph B of Section V clearly states that any residue not distributed elsewhere
in the trust be distributed to Marvel B. Roehrs.
c. Although it could be argued that the income that is not used to pay the real estate
taxes, insurance, maintenance and necessary improvement costs, per Section V.
A. 1), should be distributed to Marvel B. Roehrs, as it unaddressed elsewhere,
Trustee does not wish to raise this argument.
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81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
d. It has never been Trustee’s intention to administer Trust income to herself. She
has only maintained the property for her own occupancy purposes and for the
benefit of the beneficiaries.
e. Though Trustee is entitled to income under the Trust, she has not accepted any.
COUNTER-PETITION
Marvel B. Roehrs, Trustee of the Ronald E. Roehrs Trust dated August 9, 1999, and amended
September 13, 1999, (“Trust”), through the undersigned attorney, offers this Counter-Petition as
follows:
1. Should the Court find it necessary to remove the Trustee, she requests that the Court
appoint a neutral trustee.
2. While Trustee remains willing and able to serve in the office, she requests the
appointment of a neutral trustee. The stress of the fighting amongst her family members
has taken an emotional toll. She fears this would only increase with the appointment of
Steven Roehrs as trustee.
3. Trustee would remain an interested party to the Trust because she has a right to occupy
the home on the Trust property. Trustee’s interactions with anyone in the role as trustee
will be close, as they will work together to pay expenses related to the maintenance and
necessary improvement costs of the home. Trustee does not trust Steven Roehrs to act as
trustee.
4. There is clear conflict within the family, and Trustee believes that all parties would
benefit from the appointment of a neutral trustee.
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81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
5. Trustee also joins in Sandra Walstrom’s Objection and Counter-Petition in requesting
that the Court consider appointing Judge Gerald Wolff as trustee due to his experience.
Wherefore, Trustee and Counter-Petitioner, Marvel B. Roehrs, asks the Court to:
1. Deny the Petition in its entirety.
2. Confirm the rights granted to the beneficiaries under Section VII of the Trust to select a
successor trustee.
3. Order that Trustee is entitled to remain in her role or, in the alternative, appoint a neutral
trustee.
4. Confirm the validity of rental agreement entered into by the Trust and Garry Walstrom at
a rate of $208.00 per acre for the year 2023, $228.00 per acre for the year 2024, and
$248.00 per acre for the year 2025.
5. All other relief the Court deems equitable and just.
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81-CV-23-104
Filed in District Court
State of Minnesota
3/21/2023 1:47 PM
Minn. Stat. § 358.116
I declare under penalty of perjury that everything I have stated in this document is true and
correct.
Signed on March 21, 2023 /s/ Madeleine K. Haberman
Steele County, Minnesota Madeleine K. Haberman
Attorney for Trustee and Counter-Petitioner
Acknowledgement
The Trustee and Counter-Petitioner through her attorney, acknowledges that sanctions may be
imposed pursuant to Minnesota Statutes § 549.211.
March 21, 2023 Einhaus, Mattison, Carver & Haberman, PA
/s/ Madeleine K. Haberman_______
Madeleine K. Haberman, esq.
Attorney No. 0403593
Einhaus, Mattison, Carver & Haberman, PA
202 N Cedar Avenue
Owatonna, MN 55060
Phone: (507) 456-6057
madeleine@owatonnalawyers.com
ATTORNEY FOR TRUSTEE AND
COUNTER-PETITIONER
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Preview
81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF WASECA THIRD JUDICIAL DISTRICT In Re the Matter of the Ronald E. Roehrs Court File No. 81-CV-23-104 Trust dated August 9, 1999. Case Type: Trust Judge Carol M. Hanks TRUSTEE’S OBJECTION AND COUNTER- PETITION TO THE AMENDED PETITION FOR REMOVAL OF TRUSTEE, APPOINTMENT OF A SUCCESSOR TRUSTEE, AND ACCOUNTING AND OTHER RELIEF OF MICHAEL ROEHRS Marvel B. Roehrs, Trustee of the Ronald E. Roehrs Trust dated August 9, 1999, and amended September 13, 1999, (“Trust”), through the undersigned attorney, objects to the Amended Petition for Removal of Trustee, Appointment of a Successor Trustee, and Accounting and Other Relief (“Petition”) as follows: OBJECTION 1. As an asset of the trust, the Trustee manages the approximately 120 acres of real property in Waseca County, Minnesota as described at number 69 of the Petition, including her home. Approximately 108 acres of this property is tillable cropland (“the Farmland”). 2. Despite the fact that Trustee has not previously sent out an annual accounting, Trustee has kept the beneficiaries of the Trust updated regarding the state of the Trust’s asset, including communication about flooding of the Farmland and the house. Trustee did not intend in any way to hide Trust assets by her failure to send the accounting, she was not specifically aware of the requirement before it was brought to her attention. 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM a. As soon as the concern was brought to her attention, Trustee began making arrangements to collect the necessary documents and draft an accounting. b. The Trustee intends to offer a full accounting despite the 3. Trustee objects to the Petition brought forward. Trustee has not committed a serious breach of the Trust, nor has there been a persistent failure to administer the Trust effectively. Trustee is not unfit, nor unwilling to serve as trustee. 4. Trustee is willing and able to continue to carry out the duties of the trustee. 5. Trustee objects to Petitioner’s categorization that Trustee is “unfit” under Minnesota Statute § 501C.0706 because she lacks the ability to understand the nature and effect of what she is doing, that she susceptible to suggestion, that she does not understand her rights or duties, and that she is incapable of managing her personal financial affairs and those of the Trust. a. Trustee has consistently carried out the last wishes of Ronald E. Roehrs and maintained the property belonging to the Trust with care. b. Trustee denies having any form of dementia, hereditary or otherwise. Trustee has conferred with her sister and to their knowledge no form of dementia runs in their family. c. Trustee does not deny that it became necessary to disconnect an old phone line in the Fall of 2022, but, upon information and belief, Petitioner was given new phone numbers to reach Trustee at by Trustee’s sister. d. Trustee adamantly denies that she has allowed anyone to “hijack” the Trust. e. The Petition questions Trustee’s fitness to act as Trustee based on the fact that the Trustee has executed a Power of Attorney instrument. This fact does not rise to 2 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM the level of removal nor does it support a finding that the Trustee is unfit to serve. A Power of Attorney instrument is standard practice in estate planning. This instrument has not been utilized in any official capacity to control any of Trustee’s personal affairs let alone those of the Trust. f. In order to execute a Power of Attorney, Trustee had to be found competent to do so. This exhibits that Trustee was found to be of competence under the law as recently as 2021. 6. Petitioner fails to show any evidence that Trustee is unwilling to serve. 7. Trustee objects to any implication that improper payments are being made to Sandra Walstrom or Ervin Abraham. 8. Until the Fall of 2022, none of the beneficiaries had requested an annual accounting nor raised any objections to the current lease of the Farmland. 9. Trustee objects to the allegation that she has not administered the Trust upon its terms or impartially because of the current Farmland lease with Garry Walstrom. a. Upon the wishes of her late husband, the Grantor of the Trust, Trustee has continued to lease the Farmland to Garry Walstrom at rental rate of $11,880.00 a year, paid in two installments of $5,940.00 in the Fall and in the Spring. This amounts to approximately $110.00 per acre of Farmland. Ronald E. Roehrs had verbally instructed that the rental rate should not be increased. b. The Farmland is formerly swamp and has continued to flood over the years. Both the Trust and Garry Walstrom, personally, have invested in tiling the land over the years. 3 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM c. The above rental rate took into account the condition of the Farmland and drawbacks to farming land that floods. d. As evidence that Trustee wishes to remain impartial to the beneficiaries, when the concern regarding the Farmland rental rate was brought to her, she agreed to increase the rental rate despite the verbal instructions from Ronald E. Roehrs. e. The new rental agreement with Garry Walstrom is as follows: i. For the year 2023, the rental rate will be $208.00 per acre, totaling $22,464.00. ii. For the year 2024, the rental rate will be $228.00 per acre, totaling $24,624.00. iii. For the year 2025, the rental rate will be $248.00 per acre, totaling $26,784.00. f. Petitioner had previously submitted as Exhibit E to his first petition, the average cropland rental rates by county as published by the University of Minnesota Extension. As shown, the average cropland rates in Waseca County, Minnesota were $223 for 2021(the last year with a reported number). g. The agreed upon rates for the next three years will better reflect the increase in land value in Waseca County while still accounting for the land quality issues. 10. Trustee objects to any interference in the current lease of the Farmland for the current farming season. Garry Walstrom has already tilled the land during Fall of 2022 and purchased inputs on reliance of the current lease with the Trust. Interference with the lease would cause the Trust to breach the agreement, likely require the Trust to pay damages, and would border on tortious interference with a contract. 4 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM 11. In the alternative, Trustee objects to the appointment of Steven Roehrs. a. Prior to this Petition and the prior petition filed by Petitioner, Seven Roehrs joined Petitioner in retaining an attorney to remove the Trustee. b. Upon information and belief, Trustee fears that Petitioner exercises influence over Steven Roehrs and this influence would continue should Steven Roehrs be appointed, leading to the potential for impartiality amongst the beneficiaries. c. Section VII (C) and (D) indicate that the beneficiaries should have input in selecting a new trustee should the Trustee resign. Trustee asks that the Court uphold the plain language of the Trust and allow all beneficiaries to have input on this matter. 12. Trustee does not object to Count V of Petition. a. The Trust offers clear language of instruction for the income of the Farmland rent to be added to the principal of the Trust during Grantor’s lifetime in Section IV, but any instruction on the application of the income to the principal is intentionally omitted from Section V of the Trust in both the original language and as amended in August of 1999. b. Paragraph B of Section V clearly states that any residue not distributed elsewhere in the trust be distributed to Marvel B. Roehrs. c. Although it could be argued that the income that is not used to pay the real estate taxes, insurance, maintenance and necessary improvement costs, per Section V. A. 1), should be distributed to Marvel B. Roehrs, as it unaddressed elsewhere, Trustee does not wish to raise this argument. 5 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM d. It has never been Trustee’s intention to administer Trust income to herself. She has only maintained the property for her own occupancy purposes and for the benefit of the beneficiaries. e. Though Trustee is entitled to income under the Trust, she has not accepted any. COUNTER-PETITION Marvel B. Roehrs, Trustee of the Ronald E. Roehrs Trust dated August 9, 1999, and amended September 13, 1999, (“Trust”), through the undersigned attorney, offers this Counter-Petition as follows: 1. Should the Court find it necessary to remove the Trustee, she requests that the Court appoint a neutral trustee. 2. While Trustee remains willing and able to serve in the office, she requests the appointment of a neutral trustee. The stress of the fighting amongst her family members has taken an emotional toll. She fears this would only increase with the appointment of Steven Roehrs as trustee. 3. Trustee would remain an interested party to the Trust because she has a right to occupy the home on the Trust property. Trustee’s interactions with anyone in the role as trustee will be close, as they will work together to pay expenses related to the maintenance and necessary improvement costs of the home. Trustee does not trust Steven Roehrs to act as trustee. 4. There is clear conflict within the family, and Trustee believes that all parties would benefit from the appointment of a neutral trustee. 6 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM 5. Trustee also joins in Sandra Walstrom’s Objection and Counter-Petition in requesting that the Court consider appointing Judge Gerald Wolff as trustee due to his experience. Wherefore, Trustee and Counter-Petitioner, Marvel B. Roehrs, asks the Court to: 1. Deny the Petition in its entirety. 2. Confirm the rights granted to the beneficiaries under Section VII of the Trust to select a successor trustee. 3. Order that Trustee is entitled to remain in her role or, in the alternative, appoint a neutral trustee. 4. Confirm the validity of rental agreement entered into by the Trust and Garry Walstrom at a rate of $208.00 per acre for the year 2023, $228.00 per acre for the year 2024, and $248.00 per acre for the year 2025. 5. All other relief the Court deems equitable and just. 7 81-CV-23-104 Filed in District Court State of Minnesota 3/21/2023 1:47 PM Minn. Stat. § 358.116 I declare under penalty of perjury that everything I have stated in this document is true and correct. Signed on March 21, 2023 /s/ Madeleine K. Haberman Steele County, Minnesota Madeleine K. Haberman Attorney for Trustee and Counter-Petitioner Acknowledgement The Trustee and Counter-Petitioner through her attorney, acknowledges that sanctions may be imposed pursuant to Minnesota Statutes § 549.211. March 21, 2023 Einhaus, Mattison, Carver & Haberman, PA /s/ Madeleine K. Haberman_______ Madeleine K. Haberman, esq. Attorney No. 0403593 Einhaus, Mattison, Carver & Haberman, PA 202 N Cedar Avenue Owatonna, MN 55060 Phone: (507) 456-6057 madeleine@owatonnalawyers.com ATTORNEY FOR TRUSTEE AND COUNTER-PETITIONER 8