Marriage of Wendt and Pullen
The court held that, notwithstanding a spendthrift provision, a trust may be subject to a Family Code § 2030 award of attorney's fees in a dissolution proceeding and the trustee can be compelled to pay the fees incurred to join the trust as a third party even absent any showing of bad-faith conduct, thereby confirming that debts arising from trust administration-including litigation costs-are enforceable against the trust estate and expanding.
Date Filed: April 28, 2021
Case Name: Marriage of Wendt and Pullen
Case Number: C084083
Court: California Court of Appeal, Third Appellate District
(‘The Court holds that a spendthrift trust is not immune from a Family Code\u202f§2030 award of attorney’s fees in a dissolution proceeding; the trustee may be compelled to pay fees incurred to join the trust as a third party even absent a showing of bad‑faith conduct. By reversing the family court’s denial, the decision clarifies that debts arising from the administration of a trust—such as litigation costs—are enforceable against the trust estate despite spendthrift provisions. This precedent expands the reach of §2030 and ensures that parties to a divorce can recover reasonable legal expenses from a trust that is involved in the case.’, ‘db8fd2dc’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.