DeVoid v. Broskowski CA4/1
Andrew DeVoid (Andrew) filed a petition under Probate Code section 850 requesting that his deceased grandparents’ assets be transferred from the Thorpe G. DeVoid Trust (the 2004 trust), which designates Andrew as a mere nominal beneficiary, to the Thorpe G. DeVoid and Lorraine O. DeVoid Revocable Living Trust dated August 10, 1990 (the 1990 trust). No party or witness can produce a copy of the 1990 trust or has ever read it. However, Andrew claims the 1990 trust designates him as the sole beneficiary entitled to inherit the entire estate. In the probate proceeding below, Andrew attempted to prove the contents of the 1990 trust through testimony that his grandparents orally described the 1990 trust to himself and his mother before they passed away. The trial court found that Andrew failed to establish the material terms of the 1990 trust and denied his petition.
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