Lizer v. Romano CA2/3
Gina Martin Romano, a beneficiary under the Dean Martin Family Trust (Trust), challenges an order approving a written settlement agreement between the Trust’s co-trustees, Laura Lizer and Joel McCabe Smith (collectively, Trustees), and some of the other Trust beneficiaries (collectively, Settling Beneficiaries). Among other things, Romano contends the order unlawfully modifies the Trust by eliminating provisions (1) mandating that the share of each beneficiary “shall be held in a separate trust,” and (2) directing a successor trustee to take action “to obtain redress for breach of trust” by a prior trustee upon a beneficiary’s written request. Because the record establishes the settlement did not satisfy the statutory prerequisites for modification of an irrevocable trust, the trial court abused its discretion by ordering the modifications. (See Prob. Code, §§ 15403, 15409.) We reverse.
Comments on Lizer v. Romano CA2/3