In re LaJaunie Family Irrevocable Trust

1. In re LaJaunie Family Irrevocable Trust

Citation: 2025-429 (La. App. 3 Cir. 8/13/25)

Relevant Facts

• Angie LaJaunie Guillory and her brother Christopher Joseph LaJaunie were named principal beneficiaries and co-trustees of an irrevocable trust executed in 2017.
• Their parents, Chester Joseph LaJaunie and Kim Kiyoko Kwak LaJaunie, were listed as income beneficiaries.
• Christopher held power of attorney over their mother Kim, who suffered from Alzheimer's disease.
• When their father Chester passed away, a life insurance policy benefiting the trust ($286,772.90) was diverted by Christopher to pay for Kim's around-the-clock home health care during the COVID pandemic.
• The funds were used until Kim's death.
• The siblings were the sole beneficiaries of both the trust and both parents' estates.
• Angie questioned the fund diversion and requested an accounting from Christopher.

Legal Issues

Whether Angie timely perfected her suspensive appeal by filing security late; whether the appeal should be dismissed due to untimely filing of a security bond; and whether the security filing delay was imputable to the appellant or the court system.

Positions of the Parties

Appellant (Angie): Sought return of trust funds and removal of her brother as trustee; contended security was timely filed once the bond amount was set by the trial court.

Appellee (Christopher): Filed motion to dismiss the suspensive appeal, asserting the security was untimely.

Decision by the Court

The trial court ordered Christopher to provide an accounting, found him credible, and determined Angie had recovered $128,774.00 of her share from the life insurance proceeds. Christopher was ordered (through his mother's estate) to pay Angie $14,561.00 to bring her to one-half of the insurance proceeds. Christopher was awarded $34,000.00 for house repairs and Angie $4,347.00 for other reimbursements. Remaining trust funds were ordered distributed equally between the children, and the trust was terminated. The appellate court denied Christopher's motion to dismiss the suspensive appeal.

Reasons for the Decision

Under La. Code Civ. P. art. 2161, an appeal shall not be dismissed for irregularity unless imputable to the appellant. Angie could not obtain security until the trial court determined the bond amount. She filed her surety affidavit on June 23, 2025 (six days after bond was set on June 17) and her Applicant Affidavit on July 10, 2025 — both within thirty days and therefore timely. The delay was imputable to the court system, not the appellant.