McINDOE v. OLIVOS

No. D045285.

33 Cal.Rptr.3d 689 (2005)

132 Cal.App.4th 483

Carol L. McINDOE et al., as Trustees, etc., Plaintiffs and Appellants, v. Sharon OLIVOS, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division One.

August 31, 2005.


Attorney(s) appearing for the Case

Branton & Wilson and Shirley L. Kovar for Plaintiffs and Appellants.

Thor O. Emblem, Escondido and Tracy L. Emblem for Defendant and Respondent.


McINTYRE, J.

In this case we conclude that a proposed contest to the validity of amendments to a trust would not violate the no contest clause of an exempt portion of the trust.

FACTUAL AND PROCEDURAL BACKGROUND

In 1981, Byron and Muriel Grimm created a living trust (the original trust), naming their children, Carol McIndoe and Sharon Olivos, each as a 40 percent beneficiary, with the remaining 20...

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