Estate of Eades CA2/5

I. INTRODUCTION

Carole Strauch (Carole) appeals from the probate court’s order on a petition for instructions, filed by petitioner and trustee Robert Eades (Robert), pursuant to Probate Code1 section 17200, subdivision (b)(6). We affirm.

II. BACKGROUND

A. The Trust and the Property

Robert and Carole are the children of Arthur E. Eades (Arthur). On January 31, 2000, Arthur, as trustor, created the Arthur E. Eades Trust (the Trust), and designated himself as the trustee. On June 26, 2015, Arthur amended the Trust to provide that, upon his death and the distribution of certain gifts, the remainder of the Trust estate be distributed equally between Robert and Carole. The Trust’s assets included real property located at 17th Street in Manhattan Beach (the Property), which consisted of a front and a back unit. During Arthur’s lifetime, he occupied the back unit while Robert, Robert’s wife Joanna Eades (Joanna), and their children occupied the front unit. The amendment to the Trust provided for the following disposition and distribution of the Property: “The [Property] produces rental income and contains the primary residence of [Robert]. The real property is held in tenancy…