Gatyas
Gatyas v. Trebowski CA6
Opinion
Opinion
Background On April 14, 2008, after nearly 45 years of marriage to Theodore, appellant filed a petition for dissolution of the marriage. The family law summons included standard restraining orders, including a prohibition on "creating a nonprobate transfer or modifying a nonprobate transfer in a manner that affects the disposition of property subject to the transfer, without the written consent of the other party or an order of the court. Before revocation of a nonprobate transfer can take effect or a right of survivorship to property can be eliminated, notice of the change must be filed and served on the other party." The "nonprobate transfer" at issue in this appeal pertains to Theodore's revocation of The Trebowski Family 1999 Trust, dated May 6, 1999. The trust contained the Trebowskis' Los Altos Hills home on Greenhills Court and all household and personal assets then possessed or later acquired by either party. Under section 2.2(a) of the family trust, revocation "in whole or in part" was permitted "with respect to community property held in the trust by a written instrument, signed and dated by either Settlor and delivered to the Trustee and the other…