Halligan

FACTS

A. Background In 1992, Ada C. Unruh (Unruh) created the Ada C. Unruh Revocable Living Trust (hereafter referred to as the trust agreement), naming herself as both trustor and trustee.

1 All further unspecified statutory references are to the Probate Code.

1 The trust provided, in pertinent part, that on Unruh’s death certain trust personal property would be distributed to designated beneficiaries, Unruh’s house in San Francisco would devise to her nephew by marriage, William James Shiloh Unruh (known as and hereinafter referred to as Shiloh), the residue of the trust personal property would be sold, and the remainder of the trust estate would be distributed to six designated beneficiaries. The trust also provided that as trustor Unruh “[had] the right at any time by an instrument delivered in writing to the Trustee to amend, modify, alter, revoke or terminate this trust in whole or in part,” but that after her death, the trust “would be irrevocable” and not subject to amendment. At the death of Unruh, her brother-in-law Cecil Unruh was to act as successor trustee; if he was unwilling or unable to act, or failed to complete the administration of the trust, then…