Coleman

BACKGROUND

The Conservatorship and Trust Actions Ora Gosey owned a two-unit building in San Francisco; she lived in the upstairs unit and rented the downstairs unit. Following Bradshaw’s advice to establish a trust, Gosey hired his law firm to draft the trust instrument, which she signed on January 3, 2007. The trust’s principal asset was the residence. Although Bradshaw testified that an associate drafted the trust instrument, the trial court found Bradshaw did so, crediting a 2014 declaration in which Bradshaw stated, “ ‘Ora [Gosey] and I created her Living Trust.’ ” The stated purposes of the trust were to provide for Gosey’s care and maintenance, to avoid conservatorship in the event of Gosey’s incapacity, and to facilitate transfer of the property upon Gosey’s death. Gosey’s primary interest was to ensure she could live in peace and comfort in her home.1 Article VII of the trust instrument provides: “Except as expressly provided in this document, the Trustee has the duties imposed by law . . . .” Specific “Limitations on Trustee’s Duty of Loyalty” are set forth in paragraph B of article VII. Most relevant here, paragraph B.5 of article VII provides, “As long as the Trustee…