Vance v. Bizek
Annotate this CaseDon Bizek obtained a judgment against Sally Gordon, a trustee and beneficiary of the WPB Trust, and sought to execute his judgment against Gordon's beneficial interest in the WPB Trust. If the disclaimer is valid, it caused Gordon's beneficial interest to descend to Cyndi Vance, Gordon's daughter and successor beneficiary. If the disclaimer is void, Bizek may attach Gordon's beneficial interest in the WPB Trust. The trial court ruled that Gordon's disclaimer was void. However, the court concluded that the presumption created by section 16004 of the Probate Code that a trustee who commingles trust funds with her own funds violates her fiduciary duty to the trust applies only to the relationship between a trustee and trust beneficiaries. In this case, the trial court applied the presumption for the benefit of a creditor of the trustee, not a beneficiary of the trust. Therefore, the trial court committed error and the court reversed and remanded. Bizek was not entitled to the section 16004 presumption and thus had the burden to prove that Gordon's use of WPB Trust funds demonstrated acceptance of her beneficial interest in the Trust.
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