Padlan

Padlan v. Graves CA1/3

Good Law
Court of Appeal of CaliforniaSeptember 17, 2021A159576California2,228 words

Opinion

Opinion

BACKGROUND

We recite only those facts necessary to resolve the issues on appeal, doing so in the light most favorable to the judgment. (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 787.) Blandina had six children, including Graves and Padlan. The children are beneficiaries of the trust. After Blandina’s death in 2002, two of her children served as co-trustees. In 2007, Graves became the sole successor trustee. At that point, the sole remaining trust asset was a single-family home located in San Francisco (the property). Graves moved into the property, where she lived rent-free with the consent of the other beneficiaries. A. In 2016, Padlan initiated this litigation by petitioning to, among other things, subject the trust to probate court supervision, authorize the payment of his attorney fees and costs, and compel Graves to provide an accounting. The petition alleged Graves had failed to sell the property and distribute the proceeds to the beneficiaries in dereliction of her duty to administer and distribute the trust. Padlan asked the court to allow his attorney fees and costs as “proper expenses of the administration of the trust” and urged the court to order Graves to…

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