Dini

Dini v. Dickinson CA6

Good Law
Court of Appeal of CaliforniaJanuary 15, 2025H051147California5,378 words

Opinion

Opinion

I. BACKGROUND

A. Sandy’s Petition

Olean and her husband Charles E. Fleshman settled the 2012 Fleshman Family Trust and executed pour-over wills. Originally, the trust appointed Sandy as co-trustee and on the settlors’ death would leave Sandy a manufactured home, so long as it was still part of the trust estate. The trust provided nothing to David or his wife, Patti Dickinson (Olean’s sister). Over the years, Sandy’s beneficial interest in the trust increased to a third of the estate (despite her removal as a co-trustee), dwindled to $5,000 in a February 2016 amendment, then Olean finally disinherited Sandy in August 2016 (Charles died in April 2016). In contrast, David and Patti were originally strangers to the trust, but David, along with Patti, became a co-trustee and beneficiary, with his interest in the trust increasing to about 23 percent, or about 46 percent if only he but not Patti survived Olean. After Olean’s death, Sandy filed a petition “to restore her one-third interest” in the trust estate, under the original trust together with Olean’s codicil of either September or August 2015, by which Olean exercised her power to leave one-third of the estate to Sandy.…

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