Piro v. Piro
Jeffrey Piro (Jeffrey), a beneficiary of a trust established by his mother (the Trust), petitioned under Probate Code[1] section 17200 for an order compelling the Trustee of the Trust, his brother Gary Piro (Gary), to distribute Jeffrey's share of the Trust assets in kind to Jeffrey and for other relief. In a supplemental petition, Jeffrey sought additional orders (1) removing Gary as Trustee, (2) requiring an accounting, and (3) for restitution of funds allegedly spent by Gary in violation of his obligations as Trustee. Gary's responses sought an order denying all relief sought by Jeffrey, and affirmatively sought orders permitting all of the Trust's interests in real property to be sold, authorizing payment of Trustee and attorney fees, and ordering an in-kind division of the only other significant Trust asset (the Del Mar Race Track Box). The court, after entering a February 29 order granting Gary's request for permission to sell the Trust's real property and approving Trustee fees to Gary and attorney fees to the attorneys for the Trust, scheduled a further hearing to resolve the remaining disputes between the parties. Shortly before the continued hearing date, Jeffrey filed another supplemental petition restating his request to remove Gary as Trustee and asserting (1) the Del Mar Race Track Box was not a Trust asset, (2) grounds existed to remove the Trust's attorneys, and (3) the judge should be disqualified because of bias. After the continued hearing, the court denied Jeffrey's request to remove the Trustee and Trustee's attorney, found the Del Mar Race Track Box was a Trust asset, and awarded sanctions as requested by Gary. Jeffrey timely appealed the order.
Comments on Piro v. Piro