Straley

Steven M. Straley appeals from a trial court order denying his petition for an order to determine the validity of a trust amendment (the petition). He contends that the trial court erred in finding that the petition was untimely pursuant to Probate Code sections 16061.7 and 16061.8 and that it was barred by the principle of laches.

We agree with appellant that he timely brought an action to contest the trust. Accordingly, we reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Factual Background

Rebecca S. Straley, appellant’s mother, was the trustor and settlor of the Rebecca S. Straley Living Trust Dated May 27, 2009 (the trust). Appellant was deliberately not named as a beneficiary of the trust. But, under the provisions of the trust, Mrs. Straley had the right, as settlor, to amend the trust in writing as she elected.

On April 3, 2011, Mrs. Straley executed (or attempted to sign) some sort of amendment to the trust (the amendment), purportedly distributing her entire estate to appellant. According to appellant’s opening brief, Mrs. Straley had reconciled with appellant and wanted to amend the trust to include him as a beneficiary. Respondent William O. Gamble III…