Johnson v. Tate

Opinion

GOERTZEN, J.

Jimmie Johnson appeals from an order dismissing his petition filed under Probate Code section 17200. The dismissal order was entered on January 6, 1989. We treat the order as a judgment that is appealable pursuant to Probate Code section 17207.

Factual Background

Vincent Miranda and George Tate (respondent herein) each created “Living Trusts” on January 28, 1983. Each trust was identical in its provi sions, except as to the names of the distributees in the event of death. The Miranda trust provides that upon his death, the property in his trust shall be distributed “to his…