Legal Opinion
Young v. McCoy
California Court of Appeal
Decided February 21, 2007No. B189885PublishedCited by 8 opinions
1Opinion of the Court
Opinion
ROTHSCHILD, J.
In this case, we hold that Probate Code section 15305.5, subdivision (c) 1 does not allow a court to order a trustee to invade the assets of a discretionary trust in order to pay a restitution judgment creditor if the trustee has permissibly exercised its discretion to make no payments to the beneficiary of the trust.
Richard Young (Richard) 2 appeals from a final order denying his request, pursuant to Code of Civil Procedure section 709.010, 3 that the court direct trustee Kathy Jayne McCoy (McCoy) to release funds from a discretionary trust created for the benefit of…
2Cases cited13 opinions
- Moyer v. Workmen's Compensation Appeals BoardCalifornia Supreme Court · 1973
- Wells v. One2One Learning FoundationCalifornia Supreme Court · 2006
- DuBois v. Workers' Compensation Appeals BoardCalifornia Supreme Court · 1993
- Estate of GriswoldCalifornia Supreme Court · 2001
- Estate of FerrallCalifornia Supreme Court · 1953
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3Cited by8 opinions
- People v. IsaacCalifornia Court of Appeal · 2014
- Bendon v. Reynolds (In Re Reynolds)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2012
- United States v. Kevin HarrisCourt of Appeals for the Ninth Circuit · 2017
- Buzayan v. City of DavisDistrict Court, E.D. California · 2013
- Backlund v. StoneCalifornia Court of Appeal · 2025
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