Schwartz

INTRODUCTION

Lawrence I. Schwartz, as trustee of the Lawson Revocable Trust (the Trust), appeals from various orders of the probate court suspending most of his powers and appointing Frumeh Labow as “interim trustee,” and ordering him to turn over all Trust documents and books to Labow. He contends that, in the absence of a proper petition before it, the court had no jurisdiction to issue these orders. In the published portion of this opinion, we hold that appellant’s petition for approval of his account under Probate Code section 17200, subdivision (b)(5) invoked the court’s inherent equity power to suspend certain of appellant’s powers as trustee for perceived breaches of trust pending a full hearing. Accordingly, we affirm the orders.

FACTUAL AND PROCEDURAL BACKGROUND

1. The Trust

Louis W. and Sylvia Lawson, now deceased, established the Trust in November 1995. The beneficiaries are the three adult children of the now deceased trustors. Cheryl Lawson (Cheryl) is one of the beneficiaries. The total value of the Trust’s assets on hand as of May 24, 2003, was $2,104,780.63. Of that, $74,780.63 was cash held by the trustee. The Trust’s largest asset was the family…