Young

I. Statement of Facts

A. The Trust On March 16, 2004, Loren established the Trust, which he amended on May 29, 2007. Upon Loren‟s death, Liane was designated the trustee of the Trust. Section 2 of exhibit B to the Trust (Section 2) provided in relevant part that after Loren‟s debts and expenses were paid, Liane was to “allocate and divide the remaining balance of the Trust Estate into two equal shares” for Andrea and herself. The First Amendment to the Trust (Amendment) provided that, upon Loren‟s death, the trustee would establish a subtrust for Liane and a subtrust for Andrea, and Liane would be the trustee of her subtrust and Andrea would be trustee of her subtrust. At the time of Loren‟s death on June 16, 2007, the major portion of the Trust estate consisted of two parcels of real property: (1) a commercial property that was generating rental income (the Dimeo Lane property); and (2) a residential property where Loren and Liane had lived (the Old San Jose Road property). Section 2 stated in relevant part: “Should the [Old San Jose Road property], be an asset of the Trust Estate upon this allocation and division, and should that asset not comprise more than one-half (1/2) the…