Christie CA2/ 6

Background Appellant and Paulette Kimball (Paulette) were sisters. Paulette died in January 2012. They were beneficiaries of their parents' trust: the Schwarz Family Trust (Trust). The

1 Unless otherwise stated, all statutory references are to the Code of Civil Procedure. Trust instrument was signed in California in 1991. It provided that the Trust "shall be governed by the laws of California." Appellant's and Paulette's father died in 1999. Their mother, Mary Schwarz (Mary), became sole trustee. In 2005 Mary amended the Trust, "naming [appellant] beneficiary of all trust property with her wish that [appellant] provide for Paulette during Paulette's lifetime." The amendment named appellant as the sole successor trustee. Appellant resided in San Diego. Paulette resided in Montana. In March 2007, when Mary was 91 years old, she moved from California to Montana to live with Paulette. In December 2007 Mary signed a will naming Paulette as her sole heir. In January 2008 Mary signed a grant deed removing her California residence from the Trust and conveying it to herself. "On February 28, 2008, Mary was certified as 'incompetent' by her Montana physician."…