Estate of Tarlow

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 11700 1 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…