Drake v. Pinkham
Gina and Janice are the children of Theodore and Josephine Citta, now deceased.[2] In 1988, Theodore and Josephine established the Revocable Trust Agreement of Theodore Citta and Josephine Citta (Living Trust), which they amended in 1992, 1993, and 1999. Upon the death of both Theodore and Josephine, or in the event neither was willing or able to serve as trustee, Janice and Gina were to serve as co-trustees. Theodore died on December 31, 1999, and in accordance with the terms of the Living Trust, the trust estate was divided into two separate trusts -- the irrevocable Theodore Citta and Josephine Citta Family Trust (Family Trust) and the revocable Josephine Citta Trust (Survivor’s Trust). The Survivor’s Trust was established for Josephine’s sole benefit, and consisted of her separate property and her interest in her and Theodore’s community estate. The balance of the trust estate was allocated to the Family Trust. Upon Josephine’s death, all remaining assets of the Survivor’s Trust were to be distributed to the beneficiaries of the Family Trust as follows: one-half to Janice; and one-half to Gina.
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