Howard v. Mills CA4/1
In July 2020, Carol filed a petition in this case under Probate Code section 17200 seeking an order clarifying the parties’ rights under Andrew’s estate planning documents. We summarize Carol’s allegations as follows.
1. Interested Parties and Estate Planning Documents
Andrew married Carol’s mother in 1950 when Carol was three years old. Andrew raised Carol as his daughter, and helped her when she became a single mother with the raising of her daughter, Staci. Carol’s mother died in 2006.
Carolyn and Debbie are Andrew’s nieces.
On October 18, 2007, Andrew executed the following estate planning documents: (1) a last will and testament, which named Carol the executor; (2) a revocable trust (the Trust), which held title to Andrew’s main asset (a condominium unit) and which designated Andrew the original trustee, and Carol the successor trustee and primary beneficiary; (3) a power of attorney designating Carol his attorney in fact;
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