A charitable organization is seeking legal action after alleging that a trustee failed to distribute millions in trust funds as required by a revocable living trust agreement. The lawsuit claims that the trustee concealed important information from the beneficiary and used significant portions of the trust assets for personal purposes rather than distributing them according to the terms set out in the amended agreement.
The complaint was filed by Young America’s Foundation on March 6, 2026, in the United States District Court for the Southern District of Ohio against Cheryl M. Allen-Burns, who serves individually and as Successor Trustee of the Benjamin C. Allen Restated Revocable Living Trust.
According to court documents, Young America’s Foundation alleges that Allen-Burns breached her duties as Successor Trustee following the death of Mrs. Joyce M. Allen on November 22, 2021. The foundation asserts that it was entitled to receive forty percent of the remaining assets in the BCA Trust upon Mrs. Allen’s death—a sum calculated at approximately $2,887,554.06 based on an estimated total trust value of $7,218,885.15 at that time.
The foundation states it first learned about its status as a beneficiary in August 2017 when Mr. Benjamin C. Allen notified them directly about their designation under his amended trust agreement executed earlier that year. Under this agreement, upon Mr. Allen’s death (and subsequently Mrs. Allen’s), specific distributions were outlined for family members and forty percent of any residue was designated for Young America’s Foundation.
However, after Mrs. Allen passed away in November 2021—and with Allen-Burns assuming her role as sole Successor Trustee—the foundation alleges it received no notification regarding either Mrs. Allen’s passing or Allen-Burns’ acceptance of trusteeship within sixty days as required by the agreement. The complaint further states that “Defendant knowingly and intentionally concealed Mrs. Allen’s death from YAF in order to retain possession of the remaining assets in the BCA Trust following Mrs. Allen’s death.” It also claims that monthly distributions totaling approximately $702,000 were made from December 2021 through January 2024 into an account solely owned by Allen-Burns after Mrs. Allen’s death.
Young America’s Foundation did not discover Mrs. Allen’s passing until April 2024 through an online obituary search—over two years after her actual date of death—and alleges it had received no communication from Allen-Burns during this period despite being entitled to information about its interests as a beneficiary.
After retaining counsel and making repeated requests for information and accounting between April 2024 and October 2025—including formal demand letters—the foundation eventually received two partial distributions: one for $2,053,303.77 on October 31, 2024 (about seventy-one percent of what they believe was owed) and another for $513,868.61 on November 10, 2025 following additional demands.
Despite these payments totaling over $2.5 million combined, Young America’s Foundation asserts it is still owed at least $320,381.68 plus interest under the terms of the amended trust agreement as well as additional damages resulting from delayed payments and alleged misuse or conversion of funds by Allen-Burns.
The lawsuit sets forth multiple causes including breach of trust under Ohio law (R.C §5810), fraud by concealment—”Defendant knowingly…fraudulently concealed material facts from YAF”—conversion (wrongful taking or use), breach of fiduciary duties (failure to act solely in beneficiaries’ interests), and civil theft pursuant to state statutes R.C §2307 et seq., which could entitle YAF to treble damages if proven.
As part of its requested relief from the court, Young America’s Foundation seeks compensatory damages not less than $320,381.68; special economic damages; prejudgment and post-judgment interest; punitive damages; attorney fees; injunctive relief compelling proper administration; removal of Cheryl M. Allen-Burns as Successor Trustee; appointment of Phillip A. Waid as new trustee per instructions in the amended agreement; and any other relief deemed appropriate by the court.
Attorneys Sarah M. Benoit and Andrew J. Art from Taft Stettinius & Hollister LLP represent Young America’s Foundation in this matter under case number 2:26-cv-272.
Source: 226cv00272_Young_Americas_Foundation_v_Allen_Burns_Complaint_Southern_District_Ohio.pdf
