Estate of Hazewinkel
APPEAL and cross-appeal from orders of the Superior Court of San Diego County, Harry L. Powazek, Judge. Affirmed in part as to trust interpretation orders; reversed in part with directions on attorney fee order.
In this third appeal by petitioner and appellant Van Hazewinkel (Van), concerning issues about beneficiary status under an amended survivor's trust that was part of a family trust established by his late father and mother, Ben and Betty Hazewinkel, Van appeals an order after the second trial in this matter, that was conducted pursuant to the prior decision of this court in Hazewinkel v. Hazewinkel (May 29, 2009, D053321 [nonpub. opn.] (our first prior opinion)).[1] In that 2009 opinion, this court reversed in part the initial order and judgment respecting the parties' disputes about the distribution of the assets of the amended survivor's trust (the trust), and affirmed in part as to the remainder of the issues. On retrial, the probate court examined the record of the previous proceedings and, as directed, took additional testimony, ultimately deciding against Van's position. At all times, Van, as beneficiary and previously as trustee, has resisted the claims of Ben's surviving second wife, objector, respondent and cross-appellant Wanda Hazewinkel (Wanda), to status as a lifetime beneficiary of the amended survivor's trust.
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