Crook

Appellant Louie G. Contreras (hereafter Contreras) has two appeals before this court regarding the same set of 1998 documents signed by the decedent. In one appeal (H021934), he claims that these documents are valid codicils to the decedent’s 1988 will exercising her power of appointment over assets in a 1988 trust. In the other appeal (H021933), he argues that these same documents are valid amendments to the 1988 trust permitting her to exercise her power of appointment by an instrument other than a will and exercising that power of appointment. His arguably inconsistent positions were rejected by the trial court. We affirm the trial court’s orders.

Background

On October 18, 1988, decedent Florence L. Kouba (hereafter Florence) and her husband, Lumir Kouba (hereafter Lumir), established an inter vivos family trust with themselves as both trustors and trustees. Section 1.08 of the trust governed “Revocation of Trust.” “At any time and from time to time during the joint lives of the Trustors, the Trustors jointly as to community property and either Trustor as to his or her separate property may, by serving written notice on the Trustee, revoke the trust created by this…