Remsen

Alicia and Greg Remsen, brother and sister and beneficiaries under the trust of their great-grandparents, appeal from the order of the probate court reconsidering its previous ruling that they were entitled to interest on their cash bequests and entering a new ruling that no interest was due. The trustees appeal from the probate court’s order that the Remsens’ petitions did not violate the trust’s no contest clause. The Remsens moved to dismiss the trustees’ appeal for untimeliness.

We affirm the order denying interest and grant the motion to dismiss.

In 1983 Willard and Ruth Cain created a revocable inter vivos trust. At the time, they owned 3.7 acres of beachfront property in Laguna Beach, which they believed was worth over $10 million. The Cains decided to leave $1 million to their daughter; $300,000 to a friend; $200,000 to a cousin; $100,000 to each of their seven great-grandchildren; and the remainder to the principal beneficiaries, their four grandchildren. The terms of the trust provided distribution of the trust assets was not to be made until after all debts, taxes and administration expenses were paid.

Willard and Ruth passed away in August 1987 and January…