Finkbeiner v. GAVID

Opinion

GILBERT, P. J.

Here we hold a trustee of an inter vivos trust may appear in court in propria persona to modify and terminate the trust.

Tami Finkbeiner, successor trustee of the 1995 Pauline Gavid Trust (hereafter the trust) appeals the order denying her in propria persona petition to modify and terminate the trust. We conclude, among other things, that the court erred by ruling that Finkbeiner, as a trustee of the trust, had to be

[1419]

represented by counsel when she appeared in court to terminate the trust. The court also erred by ruling the trust is irrevocable and that an accounting was not required, and it abused its discretion by denying Finkbeiner trustee’s fees. We reverse.

FACTS

In 1995, Pauline Gavid established an inter vivos trust. The major trust asset was her home in Simi Valley, California. She died in 1995. The trust provides that after her death, the trustee “shall, in the Trustee’s reasonable discretion, . . . taking into consideration the[] existing market conditions and the educational needs of any of the beneficiaries . . . , liquidate all of the Settlor’s remaining non-cash assets . . . .” After selling Gavid’s house, the trustee was required to 1) distribute to Christine S. Diehl, Robin S. Gavid and Richard A. Gavid the sum of $5,000 apiece; 2) divide the remainder of the trust estate into shares for Gavid’s grandchildren; 3) “distribute, for educational purposes only, up to two shares ... to each of [her] then living grandchildren, as educational needs develop”; and 4) divide the remaining trust estate between the grandchildren when the last grandchild reached the age of 25.

The Dispute and the Stipulation

Gavid’s daughter, Robin, moved into the Simi Valley residence and petitioned to be appointed trustee. Diehl filed an objection, claiming 1) Robin was not qualified to be trustee; and 2) that she lives in the home which is the main trust asset, but “has not properly maintained” it. The court appointed a mediator. The parties resolved the dispute. Gavid’s children stipulated that Finkbeiner be appointed trustee and could sell the home “pursuant to the terms of the Trust.” The beneficiaries agreed to cooperate so Finkbeiner could “market the [home] for sale.” The court approved the stipulation.