Conde

Conde v. Gibbs CA2/6

Good Law
Court of Appeal of CaliforniaOctober 3, 2022B314567California890 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

In 2001, Robert Glen Gibbs established the Gibbs Family American Property Trust (the trust). Although Gibbs owned property and other assets in France, the trust was funded with stock worth approximately $590,000 and a mutual fund account with an approximate balance of $140,000. In October 2014, due to Gibbs’s incapacity, appellant was appointed as trustee of the trust. Gibbs’s daughters, respondents Michele Gibbs and Julie Gibbs, became sole beneficiaries of the trust in 2015 after Gibbs died and his wife disclaimed any interest in the trust. After appellant filed his first account and report indicating that he had received more than $50,000 in trustee-related disbursements and fees from the trust, which included claimed expenses for several trips he took to France to interview Gibbs’s wife, respondents objected to certain expenditures (including all of the expenditures related to Condé’s trips to France) and the overall amount of fees charged. On December 13, 2017, following a lengthy evidentiary hearing the trial court issued a detailed ruling in which it disallowed and surcharged appellant a total of $25,194, consisting of “$12,564 for unsupported…

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