Estate of Schooler
Rowena Schooler (Rowena) died in October 2004, and left six adult children. Her daughter Jane Schooler (Jane) was the executor of her estate and trustee of her trust. Four years after Rowena's death, three of Jane's brothers (Brothers) petitioned the probate court under the safe harbor statute for a determination whether their proposed objections to Jane's final estate account constituted a contest under the no contest clauses in Rowena's will and trust. (Prob. Code, 21320.) The Brothers challenged Jane's estate accounting and sought to surcharge Jane for breaching her fiduciary duties by failing to properly handle an estate asset and using estate assets for her own benefit.
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