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THOMAS v. GUSTAFSON

No. C048171.

45 Cal.Rptr.3d 639 (2006)

141 Cal.App.4th 34

Karen THOMAS, as Guardian, etc., Plaintiff and Appellant, v. Robert A. GUSTAFSON, as Successor Trustee, etc., Defendant and Respondent.

Court of Appeals of California, Third District.

July 6, 2006.

Attorney(s) appearing for the Case

Law Office of Stephanie J. Finelli and Stephanie J. Finelli, Sacramento, for Plaintiff and Appellant.

Marshall, Burghardt, Mieske & Harp and Ernest S. Mieske, Chico, for Defendant and Respondent.

NICHOLSON, Acting P.J.

Devereaux and Marie Lynch, husband and wife, created the Lynch Family Living Trust.1 When Devereaux died, leaving Marie as a surviving spouse, the trust, by its terms, became a survivor's trust and a residual trust. The survivor's trust was composed of Marie's separate property and her share of community property. The residual trust was composed of Devereaux's separate property and his share of the community property...

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