Parson

Larry T. Parson, successor trustee of the Tage A. Parson Revocable Trust No. 1, appeals from an order awarding a family allowance to Sigrid Parson (respondent), the disinherited surviving spouse of Tage Parson (decedent). He contends the trial court erred because the Probate Code does not authorize a family allowance in cases involving revocable trusts. The trial court granted the award because it determined that respondent would have been entitled to a family allowance from the decedent’s estate (Prob. Code, § 6540) , and that the trust property is subject to the claims of creditors of the decedent’s estate. (§ 19001, subd. (a).) This ruling is erroneous as a matter of law. Accordingly, we reverse.

About six months before his death, the decedent created a revocable living trust naming his son, Larry Parson, as the beneficiary and successor trustee. The trust, which embraced all of the decedent’s assets, and decedent’s will both specifically disinherit respondent, decedent’s wife of 17 years. Respondent is in her early 90’s and resides in a nursing home.

About three months after the death, respondent petitioned the trial court for a family allowance (§ 6540), and an…