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HERNANDEZ v. KIEFERLE

No. B229653.

200 Cal.App.4th 419 (2011)

132 Cal. Rptr. 3d 725

FLORENTINA HERNANDEZ et al., Plaintiffs and Respondents, v. PATRICIA CLAUDINE KIEFERLE, as Trustee, etc., Defendant and Appellant.

Court of Appeals of California, Second District, Division Four.

October 31, 2011.

Attorney(s) appearing for the Case

Avner & Avner, Correy B. Avner ; Law Offices of Becky Walker James and Becky Walker James for Defendant and Appellant.

Wilson, Wilson & Perrizo and Daniel J. Wilson for Plaintiff and Respondent Florentina Hernandez.

Law Offices of Jeffrey A. Coleman and Jeffrey A. Coleman for Plaintiff and Respondent Emigdio Hernandez.

OPINION

MANELLA, J.—

In the underlying action, the probate court invalidated an amendment to a trust that made appellant Patricia Claudine Kieferle trustee and sole beneficiary of the trust estate. The probate court ruled that the amendment failed under Probate Code section 21350 et seq., which establishes a rebuttable presumption that testamentary transfers to "care custodians" are the product of fraud, duress, menace or undue influence...

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