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Lifton-Zoline v. Zoline CA2/5
Thomas A. Zoline, a beneficiary of a trust, appeals from the trial court’s order interpreting the trust agreement. For many years after the trustors’ deaths, the trustee did not distribute most of the real properties held as trust assets. Another beneficiary, Pamela Lifton-Zoline, petitioned for an order construing the trust agreement and instructing the trustee how to distribute the assets pursuant to Probate Code section 17200, subdivisions (b)(1) and (6).
Thomas and Pamela, along with the third beneficiary Patricia Zoline, agreed that the real properties should be distributed non-pro rata (distributing specific properties to specific beneficiaries), rather than distributed pro rata (distributing undivided interests in the properties or selling the properties and distributing the proceeds). But they disagreed about how to value the properties for distribution. Pamela asserted the trust agreement required using the asset values on the date of distribution, a contempora

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