RICHARD F. EVANGELHO et al., Plaintiffs and Respondents, v. DARLENE T. PRESOTO, Defendant and Appellant
67 Cal. App. 4th 615 · A076882
California Court of Appeal, First Appellate District · Filed
Holding
The court held that a trustee’s duty to account to beneficiaries for all transactions involving trust assets, including funds transferred into joint tenancy accounts, arises upon the death of the settlor of a revocable trust, and that such an accounting may properly be compelled based on verified petitions and declarations where no objection to that form of evidence is raised at trial.
Statutes construed
- CIV § 683
- PROB § 1022
Cited by (8)
- HOLDEN H. LEE, Plaintiff, Cross-defendant and Appellant, v. JANET J. YANG, Defendant, Cross-complainant and Appellant (2003) 111 Cal. App. 4th 481
- STEPHEN W. ESSLINGER, Plaintiff and Respondent, v. KENNETH J. CUMMINS, as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 517
- Estate of JACK HARRY BENNETT, Deceased. LU ELLA BENNETT et al., Petitioners and Respondents, v. SMITH HEAVY INDUSTRIAL TRANSIT CORPORATION et al., Claimants and Appellants (2008) 163 Cal. App. 4th 1303
- PATRICIA GRIDLEY et al., Plaintiffs and Appellants, v. MICHAEL A. GRIDLEY et al., Defendants and Respondents; MICHAEL A. GRIDLEY et al., Petitioners, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; PATRICIA GRIDLEY et al., Real Parties in Interest (2008) 166 Cal. App. 4th 1562
- Estate of THOMAS C. BOWLES, Deceased; KEVIN CAVALLI, Petitioner and Appellant, v. RICHARD ALAN CAVALLI et al., Objectors and Respondents; KEVIN CAVALLI, Plaintiff and Appellant, v. RICHARD ALAN CAVALLI et al., Defendants and Respondents (2008) 169 Cal. App. 4th 684
- Estate of GLADYS MILDRED LENSCH, Deceased. JASON LENSCH et al., Plaintiffs and Appellants, v. DARIN WRIGHT, as Executor, etc., Defendant and Respondent (2009) 177 Cal. App. 4th 667
- Estate of JANICE HELENE KRAUS, Deceased. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners and Respondents, v. DAVID KRAUS, Objector and Appellant (2010) 184 Cal. App. 4th 103
- MARY LYNNE BABBITT, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; LELIA CAROL BABBITT, Real Party in Interest (2016) 246 Cal. App. 4th 1135
Authorities cited (4)
- Noble v. Noble 198 Cal. 129
- Rivero v. Thomas 86 Cal.App.2d 225
- Estate of WILLIAM NICHOLAS, Deceased. DONALD F. LINSTEADT, as Successor Trustee, etc., Petitioner and Respondent, v. NICOLI G. NICHOLAS, Objector and Appellant; MARIA NICHOLAS KELLY et al., Claimants and Respondents 177 Cal.App.3d 1071
- Estate of ROBERT A. DUNCAN, Deceased. PATRICIA GENIAC, Petitioner and Appellant, v. RALPH KAPLAN, Objector and Respondent 1 Cal.App.3d 212