Estate of Giraldin 9/26/11 CA4/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G041811

Case Date: 12/21/2011

Preview:Filed 9/26/11

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

Estate of WILLIAM A. GIRALDIN, Deceased. CHRISTINE GIRALDIN et al., G041811 Plaintiffs and Respondents, (Super. Ct. No. A240697) v. OPINION TIMOTHY GIRALDIN et al., Defendants and Appellants.

Appeal from orders of the Superior Court of Orange County, David R. Chaffee, Judge. Reversed and remanded. Bidna & Keys, Howard M. Bidna and Richard D. Keys, for Defendant and Appellant Timothy Giraldin. Mary Giraldin, in pro. per.; Ross Law Group and Mark A. Ross, for Defendant and Appellant Mary Giraldin. Freeman, Freeman & Smiley, Stephen M. Lowe, Duncan P. Hromadka and Thomas C. Aikin, for Plaintiffs and Respondents.

This appeal involves a family. While it might not rise to the level of King Lear, its about as tragic as families can get when all they are fighting about is money. We address two consolidated disputes. Appellant Timothy Giraldin (Tim),1 challenges two orders entered against him in his capacity as trustee of a family trust established by his father, for breaches of his fiduciary duties occurring largely, if not exclusively, during the period when the trust remained revocable. Tims mother, Mary Giraldin (Mary), challenges an order refusing to confirm her community property share of the property found to be held in the trust. All of the orders were entered in favor of a group comprised of some of Tims siblings and Marys children, acting in their capacities as beneficiaries of the family trust. We reverse all the orders. From the time Tim was appointed trustee in February of 2002, until the death of his father, trust settlor William Giraldin (Bill) in May of 2005, Bill retained the right to revoke the trust. As a result, Tims duties as trustee were owed solely to Bill during that period, and not to the trust beneficiaries. Thus respondents, as beneficiaries, lack standing to complain of any alleged breaches of those duties occurring prior to Bills death. Moreover, the beneficiaries have no right to compel an accounting of the trustees actions for the period in which the trust remained revocable (Prob. Code,

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