Stalnaker
Stalnaker v. Cupp CA4/1
Opinion
Opinion
INTRODUCTION
Trust beneficiary John Stalnaker, Jr. (John Jr.) appeals an order granting a motion to quash service of his petition for a trust accounting and discharge/surcharge of trustee Carole Cupp (Carole). The trial court determined it did not have personal jurisdiction over Carole, an 83-year old resident of Tennessee. We agree with the trial court. Therefore, we affirm the challenged order. II
BACKGROUND
A In 1981, husband John Stalnaker, Sr. (John Sr.) and wife Mary Stalnaker (Mary) executed a revocable living trust in San Diego. They amended the living trust from time to time, most recently in 1992. As amended, the living trust provided for the creation of two sub-trusts upon the death of the first spouse—(1) a revocable survivor’s trust consisting of the surviving spouse’s separate property and community property interests, and (2) an irrevocable maximum credit trust consisting of the deceased spouse’s separate property and community property interests. John Sr. and Mary were designated as the initial co-trustees of the living trust, and John Jr. (John Sr.’s son and Mary’s step-son) and Carole (Mary’s sister) were named as successor co-trustees, effective upon the…