Question
Mr. and Mrs. Appel hired the Fisch law firm (Fisch) to help them with their estate planning. In 1989, following their lawyers' advice, the Appels
Mr. and Mrs. Appel hired the Fisch law firm (Fisch) to help them with their estate planning. In 1989, following their lawyers' advice, the Appels established a revocable family trust, with the Appels themselves as trustees; they also quitclaimed their home to the trust, so that the trust held title to it. A year later, the Appels, in their capacity as trustees, recorded a declaration of homestead on the property.
In 1991, the Fisch law firm (which apparently hadn't been paid) obtained a judgment against the trust. In 1992, the law firm foreclosed on the home to collect its judgment. The Appels claimed that they were entitled to the $75,000 homestead exemption. Fisch argued that a trust was not a natural person and therefore was not entitled to protection under the homestead law. The Appels argued that because they could revoke the trust, they were trustors as well as trustees. As trustors, they had a contingent reversionary interest in the property.Fisch, Spiegler, Ginsburg & Ladner v. Appel(1992) 10 Cal.App.4th 1810.
Were the Appels entitled to the homestead exemption?Please explain you answer.
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