Schlichter

BACKGROUND

In 1987, Anna Irene Caputo executed the Last Will and Testament of Anna I.

Caputo (the will) several months before she died. In the will, Caputo identified “Joanne

Schlichter Kennedy” as one of her three living adult children.

The will was subsequently admitted to probate in Los Angeles County. In August

1988, a judgment was entered establishing a testamentary trust deemed the Caputo trust,

which adopted the terms of the will. Joanne was appointed as trustee of the Caputo trust.

The estate had approximately $500,000 in assets, including real property located on

Heliotrope Drive in Lake Arrowhead, California (the Heliotrope property).

The Caputo trust provided for distribution of Caputo’s assets “as provided for in”

the will as follows: “To decedent’s daughter, Joanne, as trustee, all of decedent’s real

property and personal property to be held in trust to be used by her during her lifetime as

she or a successor trustee may direct. Any assets remaining in the trust upon her death

shall pass to her heirs as she directs by Will or trust instrument. In the event she makes

no provision for distribution then upon her death such remainder shall pass to…