Smittcamp

INTRODUCTION

This appeal arises from two probate actions initiated by Annette Smittcamp (Annette) stating various causes of action after the death of her husband, Robert Smittcamp (Bob).1 Relevant on appeal, Annette sought an order determining her interest in property held in Bob’s family trust pursuant to Probate Code section 850, subdivision (a)(3)(A), and she sought to invalidate a 2020 restatement of the Robert E. Smittcamp 2012 Family Trust (Family Trust) pursuant to Probate Code section 17200 and Family Code section 2040. After a five-day bench trial, the trial court concluded a 2017 special bonus Bob received from his company was a mixed-character asset, and the court apportioned approximately $1.8 million of that bonus to the community. Relying on a total recapitulation family expense tracing model, the court concluded community income was vastly exceeded by community expenses and there was no remaining community property for distribution. Finally, the trial court declined to invalidate the 2020 restatement of Bob’s Family Trust as a remedy for Bob’s violation of the automatic temporary restraining orders (ATRO’s) under Family Code section 2040 in modifying the Family…