Salter v. Lerner
This action involves a dispute between appellant Glenn Lerner and his step-daughters, respondents Carin Salter and Jennifer Segal, regarding Lerners administration of the Glenn and Elsa Lerner Trust (the trust). Lerner appeals from a determination by the probate court that a petition Segal and Salter propose to file against Lerner seeking information regarding his conduct as trustee of the trust will not violate the no contest provision of the trust. Although numerous arguments were made in the trial court, only a relatively narrow issue is raised on appeal: Does the proposed petition seek to do more than enforce Lerners nonwaivable fiduciary duty under Probate Code[1] section 16060 to provide reasonable information regarding the administration of the trust and, thus, violate the no contest clause of the trust? We agree with the trial court that the answer to this question is negative and that the proposed petition does not violate the no contest provision of the trust. Accordingly, Court shall affirm.
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