Estate of Williams

Filed 8/21/

CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

Estate of Benjamin C. Williams, Deceased.

D083713

CARLA MONTGOMERY,

Petitioner and Appellant, (Super. Ct. No. TRUPS2000072) v.

BENITA WILLIAMS,

Respondent.

APPEAL from a judgment of the Superior Court of San Bernardino County, Douglas K. Mann, Judge. Affirmed. Law Office of Jay S. Belshaw and Jay S. Belshaw for Petitioner and Appellant. The Horspool Law Group and J. David Horspool for Respondent. Under Probate Code section 21622, Carla Montgomery petitioned to receive a share of her father Benjamin C. Williams’ trust estate as an omitted child alive at the time he executed his trust documents. Carla appeals the trial court’s denial of her petition, arguing it misapplied section 21622. Applying the reasoning of Rallo v. O’Brian (2020) 52 Cal.App.5th 997 (Rallo), we conclude Carla failed to carry her burden of showing the sole reason she was omitted was because Benjamin was unaware of her birth. (Rallo, at p. 1011; § 21622.) Benjamin’s omission of four known pretermitted children and his naming as beneficiaries only the two children resulting from his…