Basmajian v. Adelmann
Richard J. Basmajian (Basmajian) and Carla Adelmann (Adelmann) were the primary beneficiaries of their fathers estate. This is the third appeal arising from the distribution of the estate. In the first appeal (Case No. B146995, Basmajian I) we held that a referee had the authority to consider whether a $250,000 loan to Basmajian was forgiven and transmuted to a gift or whether it was an asset of the trust. We also held that Basmajian had adequate notice that the characterization issue would be addressed by the referee. In the second appeal (Case No. B156908, Basmajian II) we held that there was substantial evidence to support the trial courts finding that an amendment to the trust was the product of undue influence and thus, was null and void. In the current appeal, Court hold that the two prior appeals did not violate the trusts no contest clause.
Comments on Basmajian v. Adelmann