Esslinger

Introduction

Kenneth J. Cummins, as trustee of the Esslinger Family Trust (the Trustee), appeals from a probate court order compelling him to account to Stephen W. Esslinger (Stephen), 1 a remainder beneficiary. The Trustee argues Stephen, as a remainder beneficiary, lacked standing to petition the probate court for an order compelling the Trustee to account. Stephen moved to dismiss the appeal, contending the order is not appealable.

We conclude the order is appealable and hold a remainder beneficiary has standing under Probate Code section 17200, subdivision (b)(7) to petition the probate court for an order compelling a trustee to account. Probate Code section 16061 gives a remainder beneficiary the right to request information from the trustee and to petition the court under section 17200, subdivision (b)(7) for that information or a particular account if the trustee unreasonably fails to comply. The probate court has discretion to grant or deny such a petition. In this case, the probate court did not abuse its discretion in ordering the Trustee to account to Stephen. We therefore deny the motion to dismiss and affirm.

Facts and Procedural History

Stephen is a…

I must respectfully dissent. While this is a difficult call, I cannot agree that Probate Code section 16061 or Probate Code section 17200, subdivision (b)(7) 1 permits a remainder beneficiary of a pre-July 1, 1987 living trust to petition for an annual accounting that he is denied under section 16062. The majority’s well-intentioned effort is based on a reading of the applicable statutes that is fundamentally at odds with my understanding of them.

The majority concludes that a section 16061 particular account may include an “accounting for a full year, depending on the relief the probate court considers appropriate under the circumstances.” (Maj. opn., ante, at p. 525.) It then reads the trial court’s order as finding that, in effect, a statutory annual accounting (formal account) was needed to protect plaintiff Stephen W. Esslinger’s interests, and affirms the order as one properly made under section 16061. I think that misreads both the scope of section 16061 and the decision below.

I cannot agree that a remainderman may have an annual accounting under the guise of a section 16061 particular accounting. A broad accounting—yes. One as broad as needed to protect his…

Kenneth J. Cummins, as trustee of the Esslinger Family Trust (the Trustee), appeals from a probate court order compelling him to account to Stephen W. Esslinger (Stephen), [1] a remainder beneficiary. The Trustee argues Stephen, as a remainder beneficiary, lacked standing to petition the probate court for an order compelling the Trustee to account. Stephen moved to dismiss the appeal, contending the order is not appealable.

We conclude the order is appealable and hold a remainder beneficiary has standing under Probate Code section 17200, subdivision (b)(7) to petition the probate court for an order compelling a trustee to account. Section 16061 gives a remainder beneficiary the right to request information from the trustee and to petition the court under section 17200, subdivision (b)(7) for that information or a particular account if the trustee unreasonably fails to comply. The probate court has discretion to grant or deny such a petition. In this case, the probate court did not abuse its discretion in ordering the Trustee to account to Stephen. We therefore deny the motion to dismiss and affirm.

Stephen is a remainder beneficiary of the Esslinger Family Trust (the…