Wagner v. Wagner

Opinion

PERLUSS, P. J.

In the accounting submitted with her petition to settle the account of her deceased mother’s living trust, the Genevieve McCampbell Wagner Trust (Trust), Claire G. Wagner sought $200,000 as compensation for caring for her mother during the four years immediately preceding Genevieve’s 1 death. Claire’s brother, Kent Frank Wagner, objected to the payment. The probate court sustained Kent’s objection, ruling the proposed compensation, construed as a claim on the Trust, was not timely under Code of Civil Procedure section 366.2, which requires all claims against a decedent to…