California Court of Appeal

Affirmed as modified. Defendant, the beneficiary of a special needs trust, sued the plaintiff, the trustee, for mismanagement of the trust. The probate court assessed the trustee a sum of $93,036.75 for mismanagement of funds and a denial of compensation with monies to be paid back to the trust. The appeals court modified the total by reducing it by $1,000. The appeals court reasoned that the probate court could reasonably conclude that the trustee had mismanaged the trust such that unauthorized and wasteful expenditures be returned to the trust and that the trustee was not entitled to compensation for these failures.

Appellate Information

• Published 2018/08/22

Judges

• Miller

Court

• California Court of Appeal

Counsel