Gerd Schutz had passed away on June 15, 2013, leaving behind his wife, Rosemarie Roggenbuck, and his two children, Angela and Ralph. Prior to his death, Mr. Schutz had executed a will appointing his wife as the executrix, the applicant of this case, and leaving her 80% of the estate residue, with the remaining 20% to be divided equally between respondents, Ralph and Angela. Rosemarie was granted a certificate of appointment of estate trustee with a will on November 28, 2013, without any will contest.
In 2014, Rosemarie provided Angela and Ralph with a brief accounting of the estate, showing total assets of $384,750.06, monies disbursed of $25,763.58, and a balance for distribution of $358,986.48. However, Ralph and Angela were surprised by the estate's size, as they believed there should have been more. They were aware that Mr. Schutz had sold real estate for about $600,000 shortly before his death and had a significant investment account. They questioned the whereabouts of his money.
The court considered the unaccounted funds from the sale of Mr. Schutz's properties and his personal investment account, finding a total of $181,615 missing from the estate. The court ordered Rosemarie to pay this amount to the estate by way of damages. The eventual entitlement of Angela and Ralph to this amount would be 20% or $36,323. The court also ruled that Rosemarie should refund the $21,074 in legal fees paid by the estate.