California Court of Appeal February 21, 2007, B189885 (Young v. McCoy)

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.