Estate of Miller CA4/3

FACTS

In July 2022, James Miller established the James William Miller Living Trust Dated July 2, 2022 (Miller Trust). Miller appointed himself as trustee and Merrett as successor trustee in the event of Miller’s death or incapacity. Miller died just weeks after the Miller Trust was created. Merrett prepared Miller’s death certificate, mistakenly listing her own address in Riverside County as Miller’s residence at the time of his death.1 In December 2022, Merrett filed a petition with the Superior Court of Riverside County that sought to have certain of Miller’s property (a fully vested interest in Miller’s parents’ trust and a mobile home) transferred

1 The death certificate also mistakenly stated Miller was divorced; in fact, at the time of his death, Miller was separated from his wife, Cynthia, but they had not divorced.

3 2 to the Miller Trust (the Heggstad Petition ). The petition was filed in Riverside County because the Miller Trust was administered in that county. (Prob. Code, § 17005, subd. (a).) Munson filed objections to the Heggstad Petition as well as a competing petition asserting, among other things, Merrett had used undue 3 influence to cause Miller to create the…