Thompson

STATEMENT OF FACTS

Yoko and Robert Itow had two children — Thomas and Nancy. In May 1999, Yoko executed a will leaving her entire estate to her husband, if he survived her, and to Thomas and Nancy in equal shares if he did not. Until 2008, Yoko and Nancy lived about one mile from each other and visited several times a month. Nancy and her family moved to Hawaii in 2008. Between January 2008 and December 2013, Yoko and Nancy spoke by telephone several times per month, and Yoko regularly mailed holiday and birthday cards with monetary gifts to Nancy and Nancy’s sons. In 2010, Yoko designated Thomas as her attorney-in-fact under a General Durable Power of Attorney and agent for healthcare decisions under an Advanced

1 We will refer to the parties by their first names to avoid confusion. The trust at issue in this case is the Itow Family Trust. In various places in the appellate record, trustor Yoko Itow’s last name is spelled Ito. Throughout this opinion, when necessary to mention the individual’s last names, we use the spelling of that person’s name that predominates in the appellate record.

2 Healthcare Directive. In August 2014, Thomas filed for Chapter 7 bankruptcy. One month…