Inamori

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Family Trust and Subtrusts Kenzo and Ruth executed the “Kenzo Kamei and Ruth K. Kamei Revocable Trust” (the Family Trust) on May 15, 1990. Thus, Kenzo and Ruth are the settlors of the Family Trust. The Family Trust was modified, restated, and amended numerous times between 1990 and Ruth’s death. As so amended, section 5.3 of the Family Trust requires the trustee to divide the trust estate into three shares--the “Survivor’s Share,” the “Marital Deduction Share,” and the “Nonmarital Share”--on the death of the first settlor (“the deceased settlor”). The Survivor’s Share consists of the surviving settlor’s separate property and quasi-community property, his or her one-half interest in the community property, and his or her one-half interest in the deceased settlor’s quasi-community property. The Survivor’s Share is to be held, administered, and distributed according to the terms of the Survivor’s Trust “as set forth in Article Six” of the Family Trust instrument. The Marital Deduction Share and the Nonmarital Share are to be held, administered, and distributed according to the terms of the Bypass Trust “as set forth in Article Six”…