Kotyck

Is a beneficiary of an inter vivos trust entitled to receive trust accountings while the trustor is under the care and custody of a court-appointed conservator? We conclude that the beneficiary is not entitled to an accounting for a trust that remains revocable despite the infirmity of the trustor and the ensuing conservatorship.

Facts

Elisabeth Frudenfeld is the trustor and original trustee of an inter vivos trust created on December 7, 1987 (the Trust). On August 30, 1996, the superior court appointed a professional conservator to manage Frudenfeld’s affairs after finding that Frudenfeld is unable to care for herself. The court also appointed legal counsel to represent Frudenfeld in all conservatorship proceedings. The successor trustee of the Trust is respondent Karla E. Kotyck, one of Frudenfeld’s daughters.

The Trust and its April 9, 1992, amendment contain the following clause regarding revocation: “This declaration of trust, and the trusts evidenced thereby, may be revoked at any time by the Trustor, during the hfetime of the Trustor, by the Trustor delivering written notice of revocation to the Trustee.” The Trust also provides that it shall become irrevocable…