Poag

Introduction

Trustees John Poag, Sol Price and Harry Volk appeal from an order determining the rights of Laura Winston in the assets of Ben Weingart Revocable Trust Number One. The trustees petitioned for such a determination, pursuant to Probate Code section 1138.1, alleging respondent had violated the terms of a “no contest” provision added to the trust by amendment. Following a trial, the court found in favor of respondent.

Statement of Facts

Ben Weingart Revocable Trust Number One was established by written declaration of trust on August 1, 1971. Respondent is one of approximately 29 beneficiaries named in the trust instrument. Pursuant to paragraphs 3.4.3 and 3.4.4, respondent was to receive $40,000 upon the death of the trustor and the use of a two-bedroom apartment and any tangible personal property used in connection therewith, rent-free, in a building owned by the trust estate or, in the discretion of the trustees, the monthly cash equivalent of the apartment’s rental value, for the lesser of respondent’s lifetime or 15 years from the date of the trustor’s death. In addition, respondent was to receive $2,000 per month for 180 months commencing at the trustor’s…