Goldrich v. Roklen
Evan Roklen, who is co-trustee of four irrevocable trusts, brings this consolidated appeal from four probate court orders granting declaratory petitions brought pursuant to Probate Code[1]section 21320. The four irrevocable trusts are: the Melinda Goldrich Trust under the Goldrich Childrens Trust dated November 8, 1972, as modified by Court Order dated January 28, 2002 (Melindas trust); the Andrea Goldrich Cayton Trust under the Goldrich Childrens Trust dated November 8, 1972, as modified by Court Order dated January 28, 2002 (Andreas trust); the Garrett Raif Cayton Trust dated September 16, 1997 (Garretts trust); and the Lindsay Madison Cayton 1998 Trust dated June 26, 1998 (Lindsays trust). Jona and Doretta S. Goldrich created the four irrevocable trusts for: Melinda, their daughter; Andrea, their daughter; and Andreas two children, Garrett and Lindsay.[2] Mr. Roklen claims that the proposed petitions to modify the trusts to remove him as co trustee without cause and his consent violated the no contest provisions of the trusts. As a result, Mr. Roklen argues the probate court erred in ruling that the beneficiaries petitions were protected by the safe harbor provisions of section 21320. Court affirm the finding the petitions to modify the trusts to remove Mr. Roklen as the co trustee did not violate the no contest provisions of the specific trusts.
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