Estate of Mullins

Irell & Manella and Charles A. Collier, Jr., for Objector and Respondent.

OPINION

HANSON (Thaxton), Acting P.J. —

On March 3, 1988, Petitioner Mary Hawley filed a petition in Los Angeles County Superior Court for determination of entitlement to trust property, for imposition of constructive trust, and for instructions, pursuant to Probate Code section 17200.

The petition alleged the existence of a contract agreement between Hawley and her uncle, Kieram Emmet Mullins, regarding the disposition of his estate after his death and after the death of his wife, May Barrett Mullins. The petition alleged that May and Kieram Mullins, who had no children, frequently told petitioner they intended to leave their half interests in their community property to their respective nieces and nephews after the death of their survivor. In 1983, in failing health, Kieram wished May's assistance in handling his financial affairs. Kieram and May sought the advice of an attorney, John Caldecott, who suggested that Kieram convey title of their community property home to May to allow her to manage their main assets.

Petitioner was present during a meeting during which Kieram and May discussed the…