Balquist

I. BACKGROUND

Darlene Pyshora had three living adult children: Ballard, Michael Pyshora and Margo Moore. Darlene1 executed the Trust in 1995 and an amendment and restatement of that Trust on June 20, 2016. Balquist was named as Trustee in the 2016 amendment and served during Darlene’s lifetime at an agreed hourly rate of $150 per hour.

With the exception of the two parties to this lawsuit, whom we refer to

by last name, we use first names to ease the task of the reader. 1 Among other things, the Trust provided that upon Darlene’s death, Michael would receive a house located on Bass Drive in Vacaville. Ballard would receive Darlene’s interest in a condominium located in Hawaii, and the proceeds from liquidation of the Trust assets would be split between the children, 45 percent to both Ballard and Margot and 10 percent to Michael. Darlene died on August 16, 2016. On May 3, 2017, Michael died intestate and was survived by two sons: Kevon Spier and Hunter Pyshora, who received Michael’s share of the trust. Balquist filed a verified “Petition for Approval of Trustee John Balquist’s Second Account,”2 seeking approval of the second accounting and actions taken in the administration…