Balistreri

Balistreri v. Balistreri

Good Law
Court of Appeal of CaliforniaFebruary 24, 2022A162222California4,964 words

Opinion

Opinion

BACKGROUND

Mary and the decedent were married and had a daughter, Julia. The decedent also had children from prior marriages, including Sal and Christina. In 2006, Mary and the decedent created a trust, which they restated, renamed, and amended in 2008. The documents restating, renaming, and amending the trust were notarized. In 2017, Mary and the decedent amended the trust a second time. That amendment was notarized too. On September 6, 2017, Mary and the decedent revoked the trust. Again, the revocation was notarized. On that same date, Mary and the decedent created the Balistreri Family Trust (Trust), the trust at issue here. They named themselves trustors and trustees, and they placed community property located on 23rd Street in San Francisco (the property) in the Trust. Section 7.2.1 of the Trust provides that upon the decedent’s death, the property “shall be distributed equally among” Julia, Sal, and Christina. In section 5.2.1, a reservation of rights provision, Mary and the decedent agreed that the Trust “may be revoked or terminated, in whole or in part, by either of us as to any separate property of that trustor and as to any of our community property. During our joint…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.