Aguilar v. Aguilar

Opinion

MOORE, J.

In a case of buyer’s remorse, a wife entered into a joint estate plan with her husband—more particularly, an inter vivos trust that became irrevocable in its entirety on the death of the first spouse to die. More than nine years after the husband died, the wife purported to withdraw her share of the community property from the trust. While the record is not perfectly clear on the point, it would appear that the wife had a different testamentary disposition in mind than the one set forth in the trust.

However, one of the remainder beneficiaries of the trust objected to the…