Simon

INTRODUCTION

If a will creates a trust and names a trustee, does that trustee have standing to seek a court order determining their right to take charge of the trust assets? We hold that they do. Probate Code section 117001 provides that “any person claiming to be a beneficiary or otherwise entitled to distribution of a share of the estate, may file a petition for a court determination of the persons entitled to distribution of the decedent’s estate.” As explained below, when a will creates a trust, the named trustee is the person entitled to receive the assets intended to fund the trust, and is therefore a “person claiming to be . . . entitled to distribution of a share of the estate.” Thus, the trustee “may file a petition” and the court must then determine the validity of the trustee’s claim.

FACTS AND PROCEDURAL BACKGROUND

I. The Will

Attorney Barry Tarlow executed a will in November 2005, to which he made minor modifications in 2006. He made a series of specific gifts, then left the balance of his estate (Estate) to be evenly divided between his sister, respondent Barbara Tarlow Rapposelli (Barbara),2 and their brother, respondent Gerald Tarlow (Gerald), “in equal…