In re Estate of Sharp

Juliana Sharp (hereinafter decedent) died in September 2002 leaving two surviving children, petitioner and respondent.1 At the time of her death, decedent was the income beneficiary of two trusts established for her benefit by her late husband. One of those trusts provided decedent with a general power of appointment.2 In order for respondent to inherit any portion of the trust corpus, it was necessary for decedent to exercise the trust power of appointment. In the event of a failure to exercise the power of appointment, the remainder was to be paid to the living children “born to the union…