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Siegel v. Fife Filed February 26, 2015, Second District, Div. Five Settlor’s trust gives the trustee broad discretion to pay principal for the settlor’s care, maintenance, support, or desires. After the settlor became conserved, the trustee began to sell assets to generate liquidity. Remainder beneficiary objected to the sale of settlor’s residence on the basis that it was to pass to her upon the settlor’s death and that the abatement statutes would preclude the sale. The probate court approved the sale. The Second District affirmed, reasoning that the trustee has the “sole and absolute” discretion to invade principal for the settlor’s care, that the rights of the remainder beneficiary were of secondary importance, and that nothing in the abatement statutes would preclude the sale.

http://www.courts.ca.gov/opinions/documents/B253746.PDF


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