Davis

FACTS AND PROCEDURAL HISTORY

In 1993, Tony G. Rael, Jr. (decedent), created an inter vivos trust (the Trust) with his wife, Toni B. Rael, for the benefit of their three children. After being widowed, decedent married Cruz Cardenas in 2000. In March 2002, decedent executed a will and amended the Trust. He declared that the assets in his estate and Trust are his separate property. His trustee, upon decedent’s death, was directed to pay the mortgage on Cardenas’s personal residence (up to $100,000) and allow Cardenas to operate decedent’s liquor store in Old Town Pasadena rent-free for two years or until the business was sold. In 2002, decedent’s son, respondent Mark Rael, petitioned to become his father’s conservator. Decedent opposed the petition. Decedent’s wife, Cruz Cardenas, filed a counter-petition to be appointed conservator. Decedent consented to Cardenas’s appointment, and declared that he “does not want his son, Mark Rael, to be his conservator under any circumstances.” Apart from his wife, decedent nominated as conservators his daughter or appellant David Davis (the Trustee). The trial court found that decedent was unable to take care of himself or his financial affairs,…