Siegel v. Fife
Annotate this CaseThe objector is a beneficiary of the 2005 Brown Revocable Trust, which provided that upon Brown’s death, the objector would receive a house for the care of Brown’s cats. Brown’s conservator, Siegel, filed a probate court petition seeking approval of the sale of that specific property. Siegel contended the sale was necessary for the benefit of the settlor, Brown, who resided in assisted living, because the conservatorship estate lacked funds to maintain Brown’s care during her life. The trustee agreed. The probate court conducted an overbid for the property. Upon receiving a satisfactory bid, the court ordered the property sold. The court of appeal affirmed, rejecting the objector’s argument that the order granting the petition to sell the property violated Probate Code section 21402 regarding the abatement order for trust assets. The trust requires the trustee to apply trust principal to provide for Brown’s care. If the sale of assets becomes necessary, the trust expressly states that all remainder interests, which include the objector’s rights to the house, are secondary. The court noted the precarious nature of the trust estate and that work needed to repair the house and would cost over $225,572.33, although it is appraised at only $685,000.
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