Trusts and Estates
Young v. Hartford
Cite as G064034
Filed November 12, 2024
Fourth District, Div. Three
By Golnaz Yazdchi
Sheppard Mullin Richter & Hampton LLP
https://www.sheppardmullin.com
Headnote: Litigation – Appealability of Suspension Orders
Summary: An order suspending a trustee and appointing an interim trustee is not directly appealable.
Trustee and trust protector were suspended and an interim trustee was appointed pursuant to an ex parte application by the beneficiary alleging that the trustee and trust protector were conspiring to withhold funds from the beneficiary in order to enrich the trustee, who was also a beneficiary. Trustee and trust protector appealed. Beneficiary filed a motion to dismiss the appeal, and sought sanctions contending the appeal was frivolous and a delay tactic.
The appellate court dismissed the appeal, and denied sanctions. An order suspending the powers of a trustee and trust protector are not appealable as they are not final orders. Additionally, an order appointing an interim trustee is not appealable because it is a provisional remedy.