Salter

This action involves a dispute between appellant Glenn Lemer and his stepdaughters, respondents Carin Salter and Jennifer Segal, regarding Lemer’s administration of the Glenn and Elsa Lemer Tmst (the trust). Lemer appeals from a determination by the probate court that a petition Segal and Salter propose to file against Lemer seeking information regarding his conduct as trustee of the tmst will not violate the no contest provision of the tmst. Although numerous arguments were made in the trial court, only a relatively narrow issue is raised on appeal: Does the proposed petition seek to do more than enforce Lemer’s nonwaivable fiduciary duty under Probate Code section 16060 to provide reasonable information regarding the administration of the tmst and, thus, violate the no contest clause of the tmst? We agree with the trial court that the answer to this question is negative and that the proposed petition does not violate the no contest provision of the tmst. Accordingly, we shall affirm.

Background

The tmst was created by Glenn and Elsa Lemer in April 2005. Elsa Lemer passed away on February 8, 2006. The tmst agreement provides that upon Elsa’s death Glenn Lemer becomes…