Weir

Factual and Procedural Background

The Edith May Kelm revocable inter vivos trust dated May 16, 1990 (the trust), was established by Edith May Kelm (the trustor) for her own benefit. Upon her death the trust assets were to be distributed to her children, or if they predeceased her, to their issue. Harold Glen Kelm (the decedent), the trustor’s son, predeceased her.

Frances Weir, as trustee of the trust (the trustee), filed a “Petition To Ascertain Beneficiaries And Determine Entitlement To Trust Distribution” pursuant to Probate Code section 17200, subdivision (b)(4), asking whether Katheryne Ferreira (respondent) is the issue of decedent. In the alternative, the petition asked whether respondent was entitled to inherit through the decedent pursuant to section 6454. The trustee alleged on information and belief that respondent would have been adopted by the decedent, that the trustor may have “mistakenly believed” respondent to be decedent’s adopted daughter, and that “it may have been settlor’s intent that [respondent] be included in the class” of the issue of the decedent.

Appellant Frank Edwin Kelm, the decedent’s son, opposed the petition, contending that only he…