Koski

I. INTRODUCTION

Kiomars Fiazi created a revocable trust that he amended multiple times. The last amendment before he died (Second Amendment) omitted his nephew, respondent Schuyler Campbell, and added a friend, appellant Dinora Figueroa. The Second Amendment also included a provision that “directed” the trustee “to defend, at the expense of the trust estate, any contest or other attack of any nature on this trust or any of its provisions.” Campbell filed a petition challenging the validity of the Second Amendment, which apparently remains pending in the probate court. Relevant here, respondent Manijeh Sheila Koski, who is Fiazi’s sister, the current trustee of his trust, and a beneficiary of the trust, filed a petition for instructions in the probate court, seeking an order requiring her, as trustee, to “remain neutral and file no responsive pleading” to Campbell’s petition. Figueroa objected to the petition for instructions, and Campbell filed a response in support of the petition. The court granted the petition for instructions, ordering Koski as trustee to “remain neutral in the litigation” and to “file no responsive pleading” to Campbell’s petition. On appeal, Figueroa…