Whelan v. Sanford CA1/5
Michael Whelan was both a named beneficiary and the successor trustee of his
deceased parents’ trust.
1 Purporting to act in his capacity as trustee, Michael petitioned
the probate court for approval of a proposed sale of real property held by the trust, as well
as payment to himself of a $130,000 broker’s commission, as the licensed real estate
broker for that sale. Michael’s sisters, Karen Sanford, Betty Jo Paroli, and Susan Killian
(respondents), successfully opposed Michael’s petition with respect to the commission,
and then filed their own petition asserting Michael had triggered the trust’s no contest
clause. The probate court granted respondents’ petition, concluding the no contest clause
was triggered by Michael’s demand for the commission payment under an alleged oral
agreement with his father. Michael appeals, contending his petition was not a contest
because it was not filed in his capacity as beneficiary, no “pleading” gave rise to a
contest, a
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