Evangelho

Evangelho v. Presoto

Good Law
1998 Cal. App. LEXIS 900·67 Cal. App. 4th 615·79 Cal. Rptr. 2d 146·98 Daily Journal DAR 11217·98 Cal. Daily Op. Serv. 8084
Court of Appeal of CaliforniaOctober 29, 1998A076882, A077532California3,361 words

Opinion

Opinion

Hanlon, J.

Appellant Darlene T. Presoto (appellant) and respondents Richard F. Evangelho, John M. Evangelho, Daryl R. Evangelho, Frank J. Evangelho and Ernest Evangelho (respondents) are the children of decedent Joan D. Evangelho (decedent). The instant consolidated appeal arises from two orders which have the effect of requiring appellant to file a full accounting for a revocable living trust set up by decedent for the benefit of all her children; which includes an accounting for all multiple-party bank accounts in the name of appellant and decedent.

Appellant contends: (1) the trial court improperly based its orders on declarations and verified petitions; (2) an accounting should not be ordered for appellant’s joint checking accounts with decedent; (3) an accounting should not be ordered for the period when decedent was alive and the trust was revocable by decedent; and (4) an accounting should not be ordered for the period when appellant was not a trustee of the revocable trust. We affirm the orders of the trial court insofar as they define the rights of respondents as beneficiaries to an accounting.

I. Background Facts and Proceedings

Decedent had six children, the five…

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