On December 22, 1997, Sheila recorded an "Affidavit Death of Trustee/Trustor." After recording the affidavit of Mrs. The Trust instrument stated that, until final distribution, the trustees were entitled to take from its coffers for "the health, support, maintenance, and education of beneficiary." The Posttrust Events Article 5.2 further provided that, if all of the named beneficiaries died prior to final distribution of the Trust estate, its remainder was to go to the heirs of the trustees. ![]() Article 5.1 further indicated that her son Robert had been intentionally omitted from the trust.Īrticle 5.2 of the Trust instrument provided that, if Sheila died prior to receiving final distribution, the undistributed principal and income were to go to Davis. Weinberger requested distributed in separate written instructions, were to go to Sheila. ![]() Weinberger's death, the trustee was to pay all its expenses, and that all trust assets, save the personal effects which Mrs. o hold, maintain, sell, exchange, replace, or acquire any residence of the Settlor or interest therein which the Trustee shall receive as an asset into this Trust, and pay all expenses thereon." It granted the trustee "full power, authority, and discretion. Weinberger was the initial trustee, and Sheila was the successor trustee, followed by Davis and then David Sarazen.Īrticle 2.1 of the Trust instrument gave the trustee the power to dispose of all assets in the trust without court approval. The Trust Instrument's LanguageĪrticle 1.1 of the Trust instrument provided that Mrs. The quitclaim deed to the Trust was recorded on October 31, 1996. Weinberger executed a quitclaim deed transferring her Atoll Avenue property to the Trust. Weinberger executed a declaration of trust creating the "Sue Weinberger Trust" (the Trust). At all times relevant to the current case, Lee Davis was Sheila's fiancé. Weinberger had two children, Sheila Weinberger and Robert Weinberger, and acquired a parcel of real property located on Atoll Avenue in North Hollywood. This appeal is taken from a final order determining the construction of a trust instrument.
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