Panel: Trustee Did Not Breach Her Duties By Failing To Evict Elder From Residence

(October 19, 2018, 9:51 AM EDT) -- SANTA ANA, Calif. — A California appeals panel on Oct. 17 affirmed a lower court’s decision to invoke its equitable power under California Probate Code Section 16440, subdivision (b) to deny a church’s petition to remove a decedent’s niece from her position as successor trustee, finding that the church's argument that the trustee should have evicted an elderly family friend who was given a life estate in the decedent’s house is “both unrealistic and not particularly charitable” (Orange Catholic Foundation, et al. v. Rosie Mary Arvizu, as Trustee, etc., No. G055189, Calif. App., 4th Dist., Div. 3, 2018 Cal. App. LEXIS 936)....

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