In probate court, nothing speaks more eloquently or provides more insight into factual and legal issues than an accounting.
Here the probate court lacked sufficient information to rule on three consolidated cases involving a trust. It determined that an accounting could well serve that purpose. We conclude the probate court's general power to supervise administration of trusts permits it to order a trustee's accounting on its own motion. We further conclude that such an order standing alone is not appealable.
Danita Christie, a trustee, appeals an order requiring her to file an accounting to document trust assets. We affirm.
In 1991, Paul and Mary Schwarz were trustees of the Schwarz Family Trust. The trust provided that upon their death, their daughters Christie and Paulette Kimball would become successor trustees.
Paul Schwarz died in 1999, and Mary Schwarz became the "sole Trustor, Trustee and lifetime beneficiary" of the family trust.
In 2007, Schwarz moved to Montana and resided with Kimball. In January 2008, Schwarz signed a grant deed transferring real property in Camarillo, California, from the family trust to herself as the "new sole owner exclusive of Schwarz Family Trust." Later that year, a Montana state court appointed Barbara Fink as Schwarz's conservator. Schwarz died on December 22, 2008. Her will was "admitted" to probate in a Montana court.
Christie filed an action in the Ventura County Superior Court to set aside the 2008 grant deed signed by Schwarz.
In April 2009, Kimball filed a petition to probate the estate of Mary Schwarz in the Ventura County Superior Court. She requested to be appointed "special administrator" with the power to "take possession and control" of the Camarillo real estate.
Christie amended the complaint in her action to set aside the deed and added causes of action for fraud, infliction of emotional distress, and injunctive relief against Kimball. She claimed Kimball used undue influence "to deprive [her] of control" of the Camarillo real estate.
In July 2009, Kimball filed a petition in the Ventura County Superior Court to remove Christie as the trustee of the family trust and "to compel [an] accounting." Kimball alleged that Christie, "in violation of ... her duties as trustee, seeks to acquire property purportedly belonging to the Schwarz Family Trust in her own name."
In February 2010, the probate court in Ventura consolidated the three California cases "for all purposes." The Montana probate court stayed its proceedings pending resolution of the California cases.
Later in 2010, the Ventura court reviewed the files of the three consolidated cases and a decision by the Montana court. The Ventura court sought to
The Ventura court ordered Christie to file an accounting. Christie appeals this order.
Kimball contends that Christie's appeal must be dismissed because the order is not appealable. We agree.
Christie notes that there is an exception to this rule. "An order to account is appealable when it expressly or implicitly decides other issues that could be the subject of an appealable probate order." (Esslinger v. Cummins (2006) 144 Cal.App.4th 517, 522 [50 Cal.Rptr.3d 538].) She contends that by ordering an accounting, the court was also deciding that Kimball was a trust beneficiary who had the right to demand an accounting. She claims these are appealable issues apart from the accounting order.
Christie asked the trial judge, "Are you saying [Kimball] is a beneficiary entitled to an accounting?" The court responded, "No. I am saying I want to see what happened to the $130,000 in a formal verified account." (Italics added.) It noted that issues involving the trust and its validity are "all issues which you deal with later." The court simply issued an order "[c]ompelling the trustee to submit an account." This order is not appealable. (§ 1304, subd (a)(1).) Even on the merits, the result is the same.
Christie claims (1) Kimball lacked standing to request an accounting; (2) the trial court lacked the authority to order it sua sponte; and (3) alternatively, the order was an abuse of discretion.
(2) The trial court determined the order of issues it needed to decide before resolving the merits. It said, "[I]t sounds to me like the first thing that needs to be done is the accounting ...." Christie has not shown why an accounting should not be the starting point for the court's analysis of trust assets. This was a contested case where the trustee's actions were being challenged. An accounting is the appropriate procedure to determine the trust assets. It places no burden on the trustee other than to document trust expenses.
Christie contends Kimball lacked standing to petition for an accounting because the 2005 trust amendment does not list her as a trust beneficiary.
Christie invites us to rule as a matter of law that Kimball is not a beneficiary because the amendment provides that she (Christie) is "the beneficiary of all the trust property." We decline the invitation. In the amendment, Mary Schwarz also said, "It is my express wish that [Christie] shall hold half that property in trust for her sister Paulette Kimball." In another provision, she said in case of Christie's death, trust property is to be held "in trust" for Kimball. The amendment is not free from ambiguity and the probate court ultimately may have to consider Kimball's status. (Estate of Black (1962) 211 Cal.App.2d 75, 85 [27 Cal.Rptr. 418].)
Moreover, Kimball referred the trial court to a discovery declaration where Christie said she was responsible for making an accounting for the expenses "surcharged against [a] sub-trust of Paulette Kimball." (Boldface, underscoring & some capitalization omitted.) Kimball noted that in that 2009 declaration, Christie said she had $63,344.74 as "sub-trust funds held by [Christie] as trustee for Paulette Kimball." (Boldface & some capitalization omitted.) Kimball also claimed that, "having ... delivered a purported accounting to
At the hearing, Christie made statements that raised questions about her trust expenditures. She said she had "disbursed the assets" to herself as beneficiary and "held another half in trust" to "pay the attorney." She claimed that $130,000 in trust cash assets were "basically gone now." She has not filed a formal accounting regarding these distributions and her unsworn remarks at the hearing were not substitutes for the accounting declaration.
Moreover, Kimball's counsel also told the trial court there was a demand that Christie transfer the cash from the trust to the Montana conservatorship case, but Christie refused. Christie acknowledged that there was a Montana order requiring her to transfer the trust cash assets, but she opposed it. There was consequently a dispute about the classification of the cash assets that Christie controlled. The court could reasonably conclude that given the contested nature of this case, the multiple actions, the conflicts and unanswered questions, an accounting was necessary to track the assets that were the subject of the parties' conflicting claims. There was no abuse of discretion.
We have reviewed Christie's remaining contentions and conclude that she has not shown error.
The order is affirmed. Costs on appeal are awarded in favor of respondent.
Coffee, J., and Perren, J., concurred.