Sehremelis v. Sehremelis CA4/3

Filed 12/2/22 Sehremelis v. Sehremelis CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

ANDREA SEHREMELIS, as Trustee, etc., et al., G059941 consol. w/ G060568 Plaintiffs and Respondents, (Super. Ct. No. 30-2016-00869798) v. OPINION FROSO SEHREMELIS,

Defendant and Appellant.

Appeal from a judgment and postjudgment order of the Superior Court of Orange County, David l. Belz, Judge. Affirmed. Bunt & Shaver and David N. Shaver, for Defendant and Appellant. Klapach & Klapach, Joseph Klapach, and Joseph A. Cardella, for Plaintiffs and Respondents. * * *

Froso Sehremelis appeals from the probate court’s judgment on two petitions, and its postjudgment order awarding attorney fees to respondents Andrea Sehremelis and Joseph Ressler, Co-Executors of the Estate of George A. Sehremelis. The first petition sought an order to determine title to George’s personal property in Greece. The second petition sought an offset to Froso’s inheritance share on a real property located in Greece. As to the first petition, Froso contends no attorney fees should be awarded or the award should be reduced because a Greek court ordered the subject personal property to be placed into judicial escrow. As explained below, we conclude the Greek court’s judgment has no relevance to the petition. As to the second petition, Froso contends attorney fees should not be charged to the trust because the litigation did not benefit the trust. As discussed below, we conclude the litigation provided a benefit to the trust because it could result in an additional trust asset. Accordingly, we affirm the judgment and postjudgment order. I FACTUAL AND PROCEDURAL BACKGROUND A. Greek Personal Property Petition In 2014, George established a revocable trust for the benefit of his four children: Andrea, Froso, John and Peter. George was named the trustee, and after several amendments, respondents Andrea Sehremelis and Joseph Ressler were named the successor cotrustees. A year later, George executed a “pour-over” will, which designated the trust as the beneficiary of any property remaining in his personal estate at the time of his death. The will designated Andrea and Ressler as the co-executors of George’s estate. In July 2016, George died in a hospital in Greece. After his death, the hospital staff gave his personal belongings, including a Rolex watch and 1,250 euros, to Froso’s husband, who was living in Greece at the time. A few days later, Andrea sent