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About the Trust

City National Bank is trustee of the FB Trust, dated June 25,1949 ("trust" - click here to view declaration of trust).  

I was one of the four income beneficiaries of the trust (each having a one-fourth share of the trust income).  The other three income beneficiaries being my sister (“MN”) and two cousins.

The trust is an irrevocable trust. The trust is a "spendthrift" trust. The beneficiaries are unable to alienate their interests therein. The declaration of trust states:

"RESTRICTION ON DISPOSITION OF BENEFICIAL INTERESTS -The interests of beneficiaries in principal or income shall not be subject to claims of their creditors or others nor to legal process, and  may not be voluntarily or involuntarily alienated or encumbered.".

The beneficiaries (including me) have voting rights, under the trust instrument in regard to actions to be taken by the trustee. The declaration of trust states:

"      The written approval of a majority . . . of the beneficiaries ....The trustee is required to request approval by letter setting forth such facts as it deems necessary for an understanding of the particular action for which approval is sought, which letter shall be sent by registered mail to the last known address of each such beneficiary . . .".

The trust corpus property ("trust property") consists of a one-half interest in real property which property is currently used as a commercial parking lot ("parking lot").

Title to the parking lot  as follows: 1/2 interest -- Trust; 1/4 interest -- an auto parking company; 1/8 interest  in each of the cousins.

Background Information

My grandfather owned the Angelus Hotel in downtown Los Angeles. (a half interest in which became the corpus of my grandmother’s trust - “FB trust”).  

After he passed away my grandmother created the FB trust apparently for the purpose of having assistance in running the hotel.  She named her two daughters (my mother, “EN”, and her sister “RN”) as future contingent income beneficiaries to be succeeded by their children.  The hotel was later torn down in the 1950’s and became a commercial parking lot.

all. I am willing to serve as an intermediary for communication purposes, should you have an interest in  doing so.".

Each of City National's quarterly account statements invites the beneficiaries to "...file a petition pursuant to Probate Code section 17200 ...".

CAL.PROB.CODE §17200 states that a "· ..beneficiary of a trust may petition the court under this chapter concerning the internal affairs of the trust ...".

June 1,1994, I filed my petition under CAL.PROB.CODE §17200 (verified by declaration) for division of trust pursuant to CAL.PROB.CODE §15412. The petition included the incidental issue that a particular refund of trustee's fees overcharge should be distributed to current trust beneficiaries rather than to the estates of former (deceased) trust beneficiaries (amount due to me in this regard as one of the beneficiaries is $1,388.02).