In Re Estate of Stoddart

Bruce Merchant, in pro. per.; Joanne Merchant, in pro. per.; Sherry Butler, in pro. per.; Duane S. Horning and Associates, California Business Law Group and Duane S. Horning for Objectors and Respondents.

Helen Wilson appeals from orders in two consolidated probate proceedings to determine the beneficiaries to the Henry and Bernice Stoddart Inter Vivos Trust (the trust). The trustors, Henry Stoddart (Henry) and Bernice Stoddart (Bernice), were husband and wife. They directed distribution of the trust for the benefit of their son, George Stoddart (George), upon the death of the trustors. [1] However, George predeceased both Henry and Bernice, and the trust provided no alternative distribution. Henry died in 1991 and Bernice died in 2000. After Bernice died, Wilson, who is Henry's niece and claims to be an heir of Henry and George, filed petitions in Estate of Bernice E. Stoddart (Super. Ct. San Diego County, 2001, No. P177375) (estate case) and Wilson v. Hall, (Super. Ct. San Diego County, 2001, No. P180143) (trust case), claiming she was entitled to a portion of the trust under the laws of intestacy, as an heir of Henry. The probate court denied Wilson's petitions and…