Trusts and Estates
Ca. Trs. & Estates Quarterly 2021, Volume 27, Issue 1
Content
- 2020 Legislation: a Short Legislative Session With Surprises
- Advanced Planning - a Decade In Review: What Have We Learned Over the Last Decade and Where Are We Headed?
- Chairs of Section Subcommittees
- Editorial Board
- From the Chair
- From the Editor-in-chief
- How Much Is Too Much? Trustee Compensation and An Analysis of California Rules of Court, Rule 7.776
- Inside this Issue:
- Litigation Alert
- Tax Alert
- Tips of the Trade: the Irs Will Get Its Money, Just Not From Your Client-fiduciary
- When Is Enough, Enough? Judicial Trustee Removal and Trolan V. Trolan (2019) 31 Cal.App.5Th 939
WHEN IS ENOUGH, ENOUGH? JUDICIAL TRUSTEE REMOVAL AND TROLAN V. TROLAN (2019) 31 CAL.APP.5TH 939
By Denise E. Chambliss, Esq.* and Ariel G. Siner, Esq.**
MCLE Article
I. INTRODUCTION
The case of Trolan v. Trolan1 arises from an unusual reversal of a trial court’s order to remove all six co-trustees of the Trolan trust. In Trolan, the trial court, sua sponte, removed six sibling co-trustees due, in part, to the co-trustees’ disagreement over the trust’s distribution provisions and the trial court’s mistaken interpretation of the trust’s distribution provisions. The Court of Appeal reversed on both issues: the trial court’s interpretation of the trust distribution terms and the trial court’s removal of all of the co-trustees on its own motion.