Legal Opinion
McINDOE v. OLIVOS
California Court of Appeal
Decided August 31, 2005No. D045285PublishedCited by 7 opinions
1Opinion of the Court
Opinion
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 L. McIndoe and Sharon Olivos, each as a 40 percent beneficiary, with the remaining 20 percent split between the trustors’ grandchildren. During their joint lifetime, the trustors could amend any terms of the original trust. Upon the death of a trustor, the original trust was…
2Cases cited4 opinions
- Burch v. GeorgeCalifornia Supreme Court · 1994
- Scharlin v. Superior CourtCalifornia Court of Appeal · 1992
- Estate of Shelfer v. Commissioner of Internal RevenueCourt of Appeals for the Eleventh Circuit · 1996
- Estate of Clayton v. C.I.R.Court of Appeals for the First Circuit · 1992
3Cited by7 opinions
- Cairns v. CairnsCalifornia Court of Appeal · 2010
- Tunstall v. WellsCalifornia Court of Appeal · 2006
- Fazzi v. KleinCalifornia Court of Appeal · 2010
- Betts v. City National BankCalifornia Court of Appeal · 2007
- Balian v. BalianCalifornia Court of Appeal · 2009
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