Johnson v. Johnson CA3

I. BACKGROUND

A. Petition to Confirm Trust Distribution Plan (C090195) In 2011, William and Felice amended the Trust to name William, Felice, and Kent as co-trustees, and Curtis and Ross successor trustees, in that order. After Felice died in 2012, William amended the Trust to replace Kent as co-trustee with Ross, and name Curtis and then Kent successor trustees. William died in 2016. In 2017, Ross, as Trustee, petitioned the El Dorado County Superior Court for an order confirming the trust distribution plan pursuant to Probate Code section 17200. The petition alleged that upon the death of the surviving trustor (William) and after payment of expenses, costs of administration, and claims against the estate, the balance of the estate was to be distributed by the Trustee in equal one-third shares to Ross, Kent, and Curtis. The Trust’s assets consisted of several pieces of real estate, and the petition proposed a division of those assets and cash to achieve an equal distribution for each brother. Kent opposed the Trustee’s petition and filed a petition to remove Ross as trustee. The court issued a proposed statement of decision granting the petition for approval of the…