Cook v. Cook
Filed 6/14/06 Cook v. Cook CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| ROBERT A. COOK, Plaintiff and Appellant, v. CARROLL COOK III, Defendant and Respondent. | C050144
(Super. Ct. No. 03PR01828)
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Plaintiff Robert A. Cook filed a petition in the probate department of the superior court to have a trust created by his deceased mother, Frances M. Cook, declared void due to incompetence, undue influence, fraud and mistake. The trust named plaintiff's brother, defendant Carroll Cook III, as successor trustee and primary beneficiary and expressly excluded plaintiff as a beneficiary. The court concluded it had no jurisdiction to adjudicate plaintiff's claims and dismissed the action. Plaintiff appeals. We conclude the trial court erred in concluding it had no jurisdiction and reverse the judgment of dismissal.
Facts and Proceedings
On August 11, 1993, Frances M. Cook (decedent) executed The Frances M. Cook Revocable Living Trust (the Trust) and transferred all of her real and personal property to it. The preamble of the Trust recites that decedent was unmarried and had two adult children, plaintiff and defendant. It further provides: â€
