Citations
- 49 Cal. App. 4th 537
Full opinion text
Opinion
YEGAN, J.
Larry T. Parson, successor trustee of the Tage A. Parson Revocable Trust No. 1, appeals from an order awarding a family allowance to Sigrid Parson (respondent), the disinherited surviving spouse of Tage Parson (decedent). He contends the trial court erred because the Probate Code does not authorize a family allowance in cases involving revocable trusts. The trial court granted the award because it determined that respondent would have been entitled to a family allowance from the decedent’s estate (Prob. Code, § 6540), and that the trust property is subject to the claims of creditors of the decedent’s estate. (§ 19001, subd. (a).) This ruling is erroneous as a matter of law. Accordingly, we reverse.
About six months before his death, the decedent created a revocable living trust naming his son, Larry Parson, as the beneficiary and successor trustee. The trust, which embraced all of the decedent’s assets, and decedent’s will both specifically disinherit respondent, decedent’s wife of 17 years. Respondent is in her early 90’s and resides in a nursing home.
About three months after the death, respondent petitioned the trial court for a family allowance (§ 6540), and an order setting apart a probate homestead. (§ 6521.) Her petition alleges that she requires about $1,800 per month for the nursing home, her medical insurance and incidentals. It contains no information concerning her separate property or whether she has other sources of financial support.
Larry Parson opposed the petition on the ground that the Probate Code authorizes a family allowance only in connection with the administration of an estate. (§ 6540.) Because this case involves a trust, not an estate, he contends respondent is not entitled to a family allowance.
The trial court determined that section 6540 mandates the award of a family allowance to a surviving spouse during the administration of an estate. While the Probate Code does not expressly authorize a family allowance from trust property, the trial court found implicit authorization in sections 19001 and 11420. Section 19001 provides: “(a) Upon the death of a settlor, the property of the deceased settlor that was subject to the power of revocation at the time of the settlor’s death is subject to the claims of creditors of the deceased settlor’s estate and to the expenses of administration of the estate to the extent that the deceased settlor’s estate is inadequate to satisfy those claims and expenses. [