Liebovich

FACTS AND PROCEDURAL BACKGROUND

I. Facts2

A. The family Theodore and Shirley Liebovich had four children—Diane Janice Tobin, Lori Gayle Robin, Stuart Jerome Liebovich, and

All further statutory references are to the Code of Civil Procedure unless otherwise indicated.

Most of these facts are drawn from our unpublished opinion in the first appeal. (Liebovich v. Tobin (Sept. 5, 2019, B292177) (Liebovich I).)

2 Bruce Allen Liebovich.3 B. The distribution of Theodore and Shirley’s estate This long-running matter deals with distribution of Theodore and Shirley’s estate, after Theodore died in 2014 and Shirley died in 2017. 1. The original trust In 1984, Theodore and Shirley executed the Liebovich 1984 Trust (the Trust). 2. The sixth amendment and Shirley’s power of attorney In July 2006, and after jointly executing five amendments to the Trust, (1) Theodore and Shirley executed the Sixth Amendment to and Complete Restatement of Trust (the sixth amendment), and (2) Shirley executed a “Durable Power of Attorney (Limited)” (power of attorney). The sixth amendment provided that the spouses can “alter, modify, or amend the trust” during their lifetimes only if…