Sutherland

I.

FACTUAL AND PROCEDURAL

BACKGROUND

This dispute centers on property in Lakeport held in a trust created by Samuel James Arent and Lorna Mae Arent. Samuel and Lorna had four children: respondent Candyce Sutherland, Rebecca Draper, appellant Brien Arent, and Dan Arnet (previously Arent).1 In June 1989, Samuel and Lorna purchased and moved to a 76-acre property on Scotts Valley Road (“the Ranch”) that includes a ranch house on one side of the road and a cabin on the other. They later bought two additional nearby properties: a hayfield with no structures, and a 15-acre parcel across the road from the Ranch that includes a house. Samuel and Lorna bought the second property with a house because appellants—Brien and his longtime partner, Eva Keiser—were expecting their third child and were “in dire need of a place to live.” Appellants moved into the home after it was purchased in late 1992. According to testimony at trial, Brien has a history of drug use, has grown marijuana, has been in jail multiple times, and has a felony conviction for fraud related to welfare benefits. In late 1995, Samuel and Lorna placed all three properties into the Samuel J. Arent and Lorna M. Arent 1995…