10
Business and Professions Code section 6125. (Aulisio, at pp. 1523–1525.)
Although generally nonattorney trustees cannot appear in propria persona
because they are representing the interests of others, a trustee who is also
the only settlor and beneficiary “does not appear in court proceedings
concerning the trust in a representative capacity.” (Id. at pp. 1519–1520,
1524–1525.) Instead, such a trustee “represents his or her own interests, not
someone else’s,” and therefore has the right to self-representation. (Id. at
pp. 1525–1526.)
Similarly, Appel relied on the nature of a revocable living trust to hold
that settlors and trustees of such a trust who lived in the subject property
were entitled to protection under the homestead exemption to the
enforcement of judgments under Code of Civil Procedure section 704.910.
(Appel, supra, 10 Cal.App.4th at p. 1813.) Even though “the homestead
exemption applies only to the property of natural persons,” Appel concluded
that the exemption should be construed liberally to protect homeowners who
“plac[e] title to property in a revocable living trust.”9 (Appel, at p. 1813.) The
Court of Appeal observed that “[t]he importance of the living trust as an
estate device” also supported its conclusion, explaining, “[R]evocable living
trusts enjoy extensive use. They serve many estate planning functions
related to taxation and other matters. For example, they can be used to
manage the trustor’s assets during his or her lifetime, avoiding the necessity
of establishing a conservatorship in the event of incapacity; provide for the
disposition of property without probate on the trustor’s death; and afford