Estate of Van Proyen CA1/2
Opinion
Opinion
Desautels, J.
BACKGROUND
Decedent and Jacqueline Van Proyen married and had two children: Tracy Davis and Renee Lopez. Decedent survived his wife and developed a
1 relationship with Francis; the two lived together as a couple for 14 years before decedent’s passing. During his lifetime, decedent owned real property in California in the form of a house in Clovis, two rental units in Fresno, as well as a vacant lot and a residence in Lakeport. At the center of this dispute is the residence in Lakeport, which is a 5,853 square foot Victorian house situated on 50 acres of property, which decedent, a custom cabinet builder, designed and constructed over a 10-year period. In March of 2018, decedent was diagnosed with cancer, and in April of 2021, decedent learned the cancer metastasized. On June 9, 2021, decedent passed away in Lake County, California. A. Decedent’s Trusts Decedent executed three trust instruments, all of which named Davis as a successor trustee. At the time of his death, decedent’s operative trust was the “Daryl P. Van Proyen Revocable Trust of 2007 as Amended and Completely Restated May 28, 2020.” In 2007, decedent executed the first trust. After being diagnosed with cancer,…