Estate of WILLIAM A. GIRALDIN, Deceased. CHRISTINE GIRALDIN Et Al., Plaintiffs and Respondents, v. TIMOTHY GIRALDIN Et Al., Defendants and Appellants

Estate of WILLIAM A. GIRALDIN, Deceased. CHRISTINE GIRALDIN Et Al., Plaintiffs and Respondents, v. TIMOTHY GIRALDIN Et Al., Defendants and Appellants

After the settlor's death the beneficiaries' postponed rights mature and they have standing to sue the trustee for breaches of the trustee's fiduciary duty to the settlor committed while the trust was revocable to the extent those breaches harmed the beneficiaries' interests; Probate Code provisions read as a whole and common law sources support postmortem beneficiary standing and postmortem accounting and surcharge remedies.

Citation
55 Cal. 4th 1058; 290 P.3d 199
Parties
Plaintiffs and Respondents: Christine Giraldin et al.; Defendant and Appellant; Trustee: Timothy Giraldin; Defendant and Appellant; Primary Beneficiary: Mary Giraldin; Decedent/settlor: Estate of William A. Giraldin
Court
California Supreme Court
Jurisdiction
United States
Judgment Date
20 December 2012
Case Number
S197694
Procedural Posture
Trust/probate; Fiduciary Duty Appeal / Supreme Court Review on Grant of Review; Court Reverses Court of Appeal and Remands for Further Proceedings
Outcome
Supreme Court reverses the judgment of the Court of Appeal and remands for further proceedings consistent with opinion
Legal Topics
Standing, Revocable Trust, Accounting, Surcharge, Trustee Removal, Statutory Interpretation
Source Language
English
Trusts Probate Fiduciary Duty Civil Procedure Standing Revocable Trust Accounting Surcharge +2 more

Case Brief

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Parties

Christine Giraldin et al.

Plaintiffs and Respondents

Timothy Giraldin

Defendant and Appellant; Trustee

Mary Giraldin

Defendant and Appellant; Primary Beneficiary

Estate of William A. Giraldin

Decedent/settlor

Procedural Posture

Trust/probate; Fiduciary Duty Appeal / Supreme Court Review on Grant of Review; Court Reverses Court of Appeal and Remands for Further Proceedings

Legal Issues

  1. 1 Whether remainder beneficiaries have standing after settlor's death to sue trustee for breaches of fiduciary duty committed while the trust was revocable
  2. 2 Whether beneficiaries may compel an accounting for trustee actions occurring prior to settlor's death
  3. 3 Interaction between Probate Code sections governing revocable trusts, accounting, and trustee liability

Ratio Decidendi

After the settlor's death the beneficiaries' postponed rights mature and they have standing to sue the trustee for breaches of the trustee's fiduciary duty to the settlor committed while the trust was revocable to the extent those breaches harmed the beneficiaries' interests; Probate Code provisions read as a whole and common law sources support postmortem beneficiary standing and postmortem accounting and surcharge remedies.

Court Disposition

Supreme Court reverses the judgment of the Court of Appeal and remands for further proceedings consistent with opinion

Orders

  • Reverse judgment of Court of Appeal
  • Remand to Court of Appeal for further proceedings consistent with this opinion