California Court of Appeal

Application of the presumption created by section 16004 of the Probate Code was made in error, and is reversed and remanded, where: 1) the presumption created by section 16004 is that a trustee who commingles trust funds with her own funds violates fiduciary duty between that trustee and the trust beneficiaries; 2) here, the trial court applied the presumption for the benefit of a creditor of the trustee; and 3) defendant-creditor was not entitled to the section 16004 presumption and thus had the burden to prove the violation of fiduciary duty.

Appellate Information

• Decided 08/12/2014
• Published 08/12/2014

Judges

• O'DONNELL

Court

• California Court of Appeal

Counsel