CAROL L. McINDOE, as Cotrustee, etc., et al., Plaintiffs and Appellants, v. SHARON OLIVOS, Defendant and Respondent
132 Cal. App. 4th 483 · D045285
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that a proposed challenge to the validity of amendments to a revocable survivor's trust would not violate the no-contest clause contained in an irrevocable exempt trust, as the two trusts were separate and distinct legal entities with the trustors having intended forfeiture only for a direct contest of the exempt trust itself.
Statutes construed
- PROB ยง 21320
Cited by (6)
- ROBYN R. TUNSTALL, Plaintiff and Respondent, v. ELIZABETH H. WELLS, Individually and as Trustee, etc., Defendant and Appellant (2006) 144 Cal. App. 4th 554
- JACQUELINE S. COLBURN et al., Plaintiffs and Appellants, v. THE NORTHERN TRUST COMPANY, as Trustee, etc., et al., Defendants and Appellants (2007) 151 Cal. App. 4th 439
- DAVID WILLIAM BETTS, Plaintiff and Appellant, v. CITY NATIONAL BANK, as Trustee, etc., Defendant and Respondent (2007) 156 Cal. App. 4th 222
- CYNTHIA E. TOWNSEND, Plaintiff and Appellant, v. JAMES TOWNSEND II, as Trustee, etc., Defendant and Respondent (2009) 171 Cal. App. 4th 389
- PATRICIA BALIAN, Plaintiff and Respondent, v. ALEXANDER G. BALIAN, as Cotrustee, etc., et al., Defendants and Appellants (2009) 179 Cal. App. 4th 1505
- CHRISTOPHER GENE FAZZI, Plaintiff and Respondent, v. NORMA JEAN KLEIN, Defendant and Appellant (2010) 190 Cal. App. 4th 1280
Authorities cited (2)
- WELLS FARGO BANK, as Trustee, etc., Petitioner and Respondent, v. DONNA MARSHALL, Claimant and Appellant; ALISA MARSHALL, Claimant and Respondent 20 Cal.App.4th 447
- JOSEPH SCHARLIN, Petitioner, v. THE SUPERIOR COURT OF ORANGE COUNTY, Respondent; JACQUELINE BROWN, Real Party in Interest 9 Cal.App.4th 162