Cory v. Toscano
Appellant, Elaine Cory, and respondent, Colleen M. Toscano, are beneficiaries of the Louie Friguglietti Trust (Trust). Louie Friguglietti (Trustor) amended the Trust several times, including handwritten interlineations that reduced Cory’s share of an asset from 100 percent to 25 percent. Following the Trustor’s death, James Wagner, the trustee of the Trust, sent the notice required by Probate Code[1] section 16061.7 to Cory as a Trust beneficiary. Cory was also provided with a copy of the Trust that included the handwritten modification.
Cory filed a petition for construction of the Trust challenging the handwritten interlineations on the grounds that the amendment was invalid and that the Trustor was subjected to undue influence. The trial court ruled that Cory’s petition was barred by the section 16061.8 statute of limitations. The trial court further found that the handwritten interlineations constituted a valid amendment to the Trust and that this amendment was not a product of undue influence.
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