Estate of Gill
This case is the latest chapter in a series of disputes[1] between family members concerning their late father’s and husband’s revocable trust. Jonathan and Jason Gill (collectively, Trustees)—who are the successor cotrustees, as well as beneficiaries, of the David Henry Gill Revocable Trust—appeal from a June 2, 2011 probate order requiring the liquidation of certain Trust assets to satisfy a prior 2010 judgment awarding costs and attorney fees in favor of Brian Gill, the former trustee who is also a beneficiary of the Trust. (Hereafter, the challenged probate order is referred to as the June 2, 2011 order.) That prior 2010 judgment was also the subject of an appeal by Trustees. This court disposed of that appeal in favor of Brian.[2] (See Estate of Gill, May 4, 2012, H036291 [nonpub. opn.] (Estate of Gill I).)[3]
Trustees claim that the court erred in granting the June 2, 2011 order, asserting that it was based upon a petition filed by Brian without affording the beneficiaries and Trustees the requisite statutory notice. Brian responds that the issue of notice was waived because no objection was asserted below. (See Western Oil & Gas Assn. v. Monterey Bay Unified Air Pollution Control Dist. (1989) 49 Cal.3d 408, 427, fn. 20.) He argues further that the June 2, 2011 order was superseded by a June 23, 2011 order that is not a subject of this appeal.
We conclude that the appeal is moot and will therefore dismiss the appeal.
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