Ratcliff

Ratcliff v. Terrones

Good Law
212 Cal. App. 4th 1368
Court of Appeal of CaliforniaDecember 26, 2012No. B231361California2,405 words

Opinion

Lead Opinion

Perren, J.

The will and trust of Oligario Lira named his three natural children and three of his six stepchildren as beneficiaries. 1 Oligario executed his will and trust while he was married to Mary Terrones, the mother of his *1371 stepchildren, but after she had commenced dissolution proceedings. The judgment dissolving their marriage was entered four months before Oligario’s death.

Oligario’s natural daughter, appellant Mary Ratcliff challenged his will and trust. She contended that Oligario’s donative transfers to his stepson beneficiaries were disqualified under Probate Code section 21350, subdivision (a)(2), 2 because they were related to the lawyer who drafted the will and trust (Oligario’s stepgrandson). 3 In opposition, respondent Robert Terrones, successor trustee of the trust (Robert), claimed that the disqualification did not apply because Oligario (the transferor) was related by marriage to his stepson beneficiaries. (§ 21351, subd. (a).) The trial court concluded that the transfers were valid because section 21351, subdivision (a) exempted them from disqualification. Mary Ratcliff contends that the section 21351, subdivision (a) exemption did not apply because the…

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