Godoy

INTRODUCTION

Silvia Villareal named her three children, Leticia Linzer, Arturo Villareal, and Sonia Godoy, as the beneficiaries of her living trust, the assets of which included her long-time home. Upon her death, each sibling was to receive a one-third fee simple interest in the home. In her last amendment to the trust instrument, however, Silvia decreed the siblings could only sell their respective shares for an amount well below the market value and only to each other, citing her desire to keep the home in the family. After Silvia passed, Arturo and Sonia petitioned the probate court, in part, for an order determining the trust instrument unreasonably restrained their ability to alienate their interests in the real property. Over Leticia’s objection, the court granted Arturo and Sonia’s requested relief and declared the amendment void. Because Silvia’s amendment imposed an unreasonable restraint on alienation in violation of Civil Code section 711, we affirm the probate court’s order.

FACTUAL AND PROCEDURAL BACKGROUND

A. The Trust Instrument In 2005, Silvia Villarreal created a revocable living trust by a declaration of trust, which she subsequently amended twice. In…