Stone v. Horan CA2/8
Following the death of Timothy A. Horan, Jr. (the Trustor), his son, Timothy G. Horan (Horan), became the successor trustee of the Timothy A. Horan, Jr. Trust (the Trust). The Trustor’s daughter, Deborah Stone (Stone), petitioned the probate court to determine a purported amendment to the Trust was invalid. While the original trust documents named both Horan and Stone as remainder beneficiaries, a subsequent unsigned amendment and a signed document titled “Certificate of Trustee’s Power and Authority and Abstract of Trust” identified Horan as the Trust’s sole beneficiary after the Trustor’s death. Horan filed a competing petition to confirm the validity of the Trust amendment and to confirm the validity of the Abstract as an independent amendment. The trial court concluded the Abstract was a valid amendment of the Trust. Stone appealed. We affirm the trial court order.
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