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Estate of Szanto
Klara Szanto died on December 5, 2005. Thereafter, Klaras husband Paul and their son Victor filed a petition to confirm that Klara and Pauls home in Hillsborough (the Hillsborough property) was an asset of the Paul and Klara Szanto Revocable Trust (the Szanto Trust). Peter Szanto, another son of Klara and Paul, responded by filing a petition under Probate Code section 21320 (section 21320), pursuant to which he sought declaratory relief that he could oppose the trust asset petition without violating a no contest provision in Klaras will. The probate court filed an order confirming that the Hillsborough property was a trust asset and denying Peters section 21320 petition. Court reverse the part of the order confirming that the Hillsborough property is a trust asset but otherwise affirm.

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