Wagner

In the accounting submitted with her petition to settle the account of her deceased mother’s living trust, the Genevieve McCampbell Wagner Trust (Trust), Claire G. Wagner sought $200,000 as compensation for caring for her mother during the four years immediately preceding Genevieve’s death. Claire’s brother, Kent Frank Wagner, objected to the payment. The probate court sustained Kent’s objection, ruling the proposed compensation, construed as a claim on the Trust, was not timely under Code of Civil Procedure section 366.2, which requires all claims against a decedent to be filed within one year of the death. Claire appeals from the order sustaining Kent’s objection and also from the court’s denial of her motion under Code of Civil Procedure section 473, subdivision (b), seeking relief from her failure to timely object to the final order settling the Trust. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Genevieve executed a living trust in 1989 and directed her estate be divided equally between her two adult children following her death. Kent, the older child, had married and moved from California to Michigan. Claire, who had graduated from college in 1979 and served on a…