California Court of Appeal

In this case, defendant-objector appeals from a probate court's order confirming the sale of real property belonging to a trust (Betty Jean Brown Revocable Trust) for which she is the beneficiary. The trust provided that, upon the death of Ms. Brown, the settlor, defendant would receive specific real property for the care of Ms. Brown's cats. Plaintiff-conservator of the trust filed a probate court petition seeking approval of the sale of that specific real property, contending that the sale was necessary for the benefit of Ms. Brown, who was under conservatorship and resided in assisted living. Plaintiff argued that the conservatorship estate lacked funds to maintain Ms. Brown's care during her life. The order of the probate court permitting the sale to be completed is affirmed, where: 1) Probate Code section 21402 provides that if Ms. Brown's plan "would be defeated by abatement," the shares of beneficiaries are reduced as necessary to effectuate the trust's plan or purpose; 2) the trustee is authorized by various provisions of the trust to sell the property at issue; and 3) if the sale of assets becomes necessary, the trust expressly states that all remainder interests, which includes defendant's rights to the property at issue, are secondary.

Appellate Information

• Decided 02/26/2015
• Published 02/26/2015

Judges

• Turner

Court

• California Court of Appeal

Counsel