Donkin

Donkin v. Federizo CA2/1

Good Law
Court of Appeal of CaliforniaMay 23, 2025B321793MCalifornia3,793 words

Opinion

Opinion

BACKGROUND

The instant probate litigation spans multiple decades, multiple Court of Appeal decisions, and one California Supreme Court decision. We focus on only events and trust provisions central to the issues raised on appeal. Additional details regarding the terms of the trust and the trust litigation can be found in our prior opinions. (See Donkin v. Federizo (May 30, 2024, B323043) [nonpub. opn.]; Donkin v. Donkin (2020) 47 Cal.App.5th 469; Donkin v. Donkin (Mar. 29, 2017, B266036) [nonpub. opn.].)

A. The Trust In August 1988, Rodney Jr.’s parents, Rodney E. Donkin, Sr. (Rodney Sr.) and Mary E. Donkin, a married couple, executed a revocable trust as part of their estate plan. In 2002, Rodney Sr.

1 Because numerous individuals involved in this litigation have (or at one time had) the surname Donkin, we refer to all Donkin family members by their first names. No disrespect is thereby intended.

2 died. In 2005, Mary died. This rendered all portions2 of the trust irrevocable. The trust names the trustors’ children, Rodney Jr., Lisa, and Annemarie, as the primary beneficiaries. It provides that, “ ‘upon the death of the surviving spouse [here,] Mary, the trustee [or…

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