Dilworth

BACKGROUND

I. Factual Background2

Austin died on March 23, 2012, at 99 years of age. She had no surviving children or siblings, but did have seven nieces and nephews, including Dilworth. Virginia Saxton was a friend of Austin and Tiernan is Saxton’s daughter. Rosemae Lyles (Rosemae), Austin’s sister, had a daughter, Cassandra Lyles (Lyles). Rosemae, Lyles, and Saxton all predeceased Austin. In May 1990, Austin created the trust. When it was created, Austin transferred 11 properties to the trust—five items of real property, two automobiles, three bank accounts, and a retirement account.3 Austin reserved the rights to add additional property to the trust and to remove property from the trust. Article VI of the trust document specified: “A. Upon the death of Trustor, Trustee shall pay all expenses of last illness, funeral and burial expenses and all inheritance, estate or other death taxes that may be amassed by reason of Trustor’s death. [¶] B. The Trustee shall distribute all bank accounts to Cassandra Lyles and divide the

1 Unless otherwise indicated, all statutory references are to the Probate Code. 2 Personal information concerning the people involved in this matter is taken…