Estate of Steiner

Filed 3/10/06 Estate of Steiner CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SIXTH APPELLATE DISTRICT

Estate of KURT STEINER, Deceased. H027943

GRACE DAVIS,

Petitioner and Respondent, (Santa Clara County

Superior Court

v. No. 1-03 PR154645)

CLYDE STEINER, as Executor, etc.,

Objector and Appellant.

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Appellant Clyde Steiner appeals from an order determining that respondent Grace Davis's proposed actions would not be a contest under the no contest clauses of Kurt Steiner's will and the Steiner Living Trust (trust). We conclude that the proposed actions constitute contests, and reverse the order.

I. Statement of Facts

On October 13, 1999, Kurt and Josepha Steiner established the trust. The trust provided that, upon the death of the first trustor, the trustee would divide the trust estate into two separate trusts, the marital trust and the residuary trust. That portion of the decedent's share of the trust estate that could be transferred without the imposition of federal estate taxes would be allocated to the residuary trust. The marital trust would hold the balance of the trust estate. When the surviving trustor died, the marital trust would be added to the residuary trust. Davis, Josepha Steiner's niece, was the beneficiary of 40 percent of the residuary trust. The trust was revocable and amendable. It also contained a no contest clause.

On August 8, 2002, Kurt Steiner executed â€