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SHIBA v. SHIBA

No. 20060560.

186 P.3d 329 (2008)

2008 UT 33

Masakazu SHIBA; Shizue F. Shiba; Masakazu Shiba, Trustee of the Riye Shiba Marital and Family Trust; and Masakazu Shiba, Trustee of the Masazo Shiba Marital and Family Trust, Plaintiffs and Appellants, v. Toshiro SHIBA; Jean O. Shiba; Seiji Shiba; Della Kono Shiba; Ronald Nishijima; Natsuye Nishijima; Ronald Nishijima and Natsuye Nishijima, Trustees of the Ronald and Natsuye Family Trust; Toshiro Shiba, Trustee of the Riye Shiba Marital and Family Trust; Toshiro Shiba, Trustee of the Masazo Shiba Marital and Family Trust; and Does 1-10, Defendants and Appellees.

Supreme Court of Utah.

May 13, 2008.

Attorney(s) appearing for the Case

M. James Brady, Margot Edwards, Provo, for plaintiffs.

Evan A. Schmutz, Andrew V. Wright, M. Reed Adams, Provo, David Ray Carter, Salt Lake City, for defendants.

WILKINS, Justice:

¶ 1 Appellant Masakazu Shiba appeals the trial court's determination that Appellee Toshiro Shiba is entitled to fifty percent of the proceeds from the sale of their father's residence. Masakazu also appeals the trial court's conclusion that the distribution scheme in the family trust was never amended and, therefore, the assets were intended to remain in the estate until their father's death. We conclude...

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