Estate of Small CA1/2

BACKGROUND

The Parties and The General Setting1 This case involves the Estate of Barbara Small, who died in November 2021. Appellants are Matthew Preston, Amy Wendt, and Jeffrey Kamalian (when referred to collectively, Appellants). Preston and Wendt were Small’s nephew and niece, respectively; Kamalian was a friend of Small’s deceased son. Respondent is Jamie Lieder, who was a friend of Small’s for many years and who, along with her son, “provided care for Ms. Small towards the end of her life.” On January 24, 2017, Small established the Barbara Small Living Trust (Trust), naming her granddaughter as the primary beneficiary and Appellants as remainder beneficiaries. On May 5, 2021 Small executed the first amendment to the Trust under which Appellants became the primary beneficiaries. Then, on October 25, 2021, Small executed a second amendment to the Trust, naming Lieder and her son as sole beneficiaries under the Trust (and also successor trustees). The second amendment was prepared by Eureka attorney Arthur Nielsen.

These facts are taken from the trial court’s “Tentative Ruling and Proposed Statement of Decision,” which became the statement of decision. As indicated, the…