Gibson

BACKGROUND

The trust provided that Sheila would serve as successor trustee of the trust upon Elizabeth’s death and that Daniel would be the successor trustee if Sheila was unable to serve. Elizabeth died in 2013. Sheila recorded an affidavit of successor trustee, certifying that she was the successor trustee of the trust and that upon Elizabeth’s death the trust’s title to the house was now held by Sheila as successor trustee. Sheila also executed a quitclaim deed regarding a Calaveras County property held by the trust, transferring title (as provided by the trust) to Daniel as trustee of the David W. Gibson Irrevocable Trust. But Sheila did not transfer title of the trust’s interest in the Sacramento house to herself. Sheila died in 2019. Her half interest in the Sacramento house is part of her estate. Acting as successor trustee of the trust, Daniel filed a petition pursuant to Probate Code section 17200.2 The petition asked the probate court to instruct that proceeds from

2 Undesignated statutory references are to the Probate Code.

2 the sale of the trust’s interest in the Sacramento house be distributed to Elizabeth’s heirs (her brothers Daniel and John). The petition…