Funsten

I.

INTRODUCTION

These consolidated appeals arise out of disputes regarding the administration of the Miller Family Trust I (Trust I), which was created by Robert Folger Miller and Maryon Miller in 1991. Trust I became irrevocable when Maryon passed away in 1994. Robert died many years later in early 2013.

In August 2013, Peter L. Funsten, who is Maryon’s son, filed a “safe harbor” application under former section 21320 of the Probate Code, requesting a judicial determination that he would not violate a “no contest” clause in the Trust I instrument by filing a petition to establish that he is the sole successor trustee of Trust I, notwithstanding the fact that Robert designated an additional cosuccessor trustee after Maryon passed away. The executors of Robert’s probate estate, George R. Bianchi and Wells Fargo Bank, N.A. (Executors), opposed Peter’s safe harbor application. In December 2013, the probate court denied Peter’s application, concluding his proposed petition would violate the no contest clause. Peter filed a timely appeal from that order.

In January 2014, Executors filed a petition for a determination that Peter violated no contest clauses in Trust I and in…