Estate of Levine CA2/5

I. BACKGROUND

Although we are primarily concerned with the allegations in Hovland’s petition, Bill’s estate plan and a petition filed by the Trustees provide important context for the challenged demurrer ruling.

1 We will often refer to Gregory and Ashley collectively as “the Trustees.” 2 Undesignated statutory references that follow are to the Probate Code.

2 A. Bill’s Family and Pertinent Provisions of His Estate Plan Bill and Hovland married in December 2000. Bill had two children from a prior marriage: Gregory and Ashley. Bill and Hovland executed a premarital agreement providing, among other things, that each spouse would keep their property as separate property and Bill would grant Hovland a life estate in a Manhattan Beach home he owned as trustee of the Trust. Bill amended and restated the Trust on August 14, 2019. As pertinent here, the Trust provides for Gregory and Ashley to succeed Bill as Co-Trustees. It further provides that the Manhattan Beach home is to be held in a separate marital trust for Hovland’s benefit during her lifetime, Hovland is to receive household items from the Manhattan Beach home, and Gregory and Ashley are to receive other tangible…