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FROM THE KNOWLEDGE BANK
A California court rules that a trustee’s petition to modify an existing trust to create a special needs trust (SNT) was properly granted over objections by the beneficiary. Eidelman v. Sterbcow (Cal. Ct. App., B271811, Aug. 23, 2019).
A family trust created by Evelyn Goldberg to benefit her grandchildren directed that a sub-trust be created upon her death for the benefit of her granddaughter Stacy Sterbcow and Stacy’s daughter, Tracy Sterbcow. The family trust provided that the Sterbcows could reside in the family home to be held by the sub-trust for Ms. Sterbcow’s lifetime as long as they maintained the residence in good repair. Funds in the sub-trust were to be used only to pay for home maintenance and trustee’s fees. Ms. Goldberg included a written statement explaining her belief that Ms. Sterbcow was mentally disturbed and that she never would be able to provide for herself and Tracy.
Trustee Hilton Eidelman evicted the Sterbcows from the home, after the city advised him that Ms. Sterbcow had been harassing neighbors. He sold the home and held the proceeds in trust, pending a determination of how and when the sub-trust would be funded. After Ms. Goldberg died Mr. Eidelman eventually sought to modify the provisions of the family trust due to circumstances unanticipated by Ms. Goldberg. He wrote that Ms. Sterbcow received SSI due to a psychiatric/emotional disability, was unable to get along with neighbors or maintain a residence, and was unlikely to live in a replacement residence. Moreover, Tracy, age 29 at the time, could not live with her mother. Mr. Eidelman proposed creating an SNT in order to preserve Ms. Sterbcow’s eligibility for SSI and otherwise modify the terms of the sub-trust to best protect her interests and provide for Tracy as originally intended.
Tracy and Mr. Eidelman presented a settlement agreement with those terms for court approval. Ms. Sterbcow objected to the modifications and appealed the court’s order approving the settlement. On appeal, Ms. Sterbcow argued that the trust modification was void because she was not properly served court documents and because she objected to creation of an SNT.
The California Court of Appeal, Second District, affirms the order approving the settlement and modifying the trusts. The court concludes that Ms. Sterbcow’s filing of responses to the trustee’s petition and her appearance at the hearing on the matter waived her objection to defects in service and that she was not prejudiced by the defective service. The court also concludes that Ms. Sterbcow lacked capacity to object to creation of an SNT, on the basis of her SSI eligibility determination and on her conduct during the litigation.
To read the court’s full opinion, click here.
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