Young

In this case, we hold that Probate Code section 15305.5, subdivision (c) does not allow a court to order a trustee to invade the assets of a discretionary trust in order to pay a restitution judgment creditor if the trustee has permissibly exercised its discretion to make no payments to the beneficiary of the trust.

Richard Young (Richard) appeals from a final order denying his request, pursuant to Code of Civil Procedure section 709.010, that the court direct trustee Kathy Jayne McCoy (McCoy) to release funds from a discretionary trust created for the benefit of Richard’s brother Steven Young (Steven) by their mother, Lucile A. Young (Lucile). Richard seeks to invade the trust’s assets to enforce a restitution judgment against Steven arising from Steven’s attempted murder of Richard. Although the trust allows McCoy to make payments of interest and principal as she deems necessary for Steven’s health, support, maintenance, and education, it also allows her to refuse to make such payments if, in her discretion, she determines that Steven does not need them. In this case, according to her uncontested declaration, McCoy believes, and Richard agrees, that such needs are…