Jinkins

I. FACTS AND PROCEDURAL BACKGROUND

A. Facts2 1. Liberato Family Trust Rafael and Asuncion Liberato married in 1952 in the Philippines and had four children—Carolina Liberato, Norina Sharpe, Annabelle Jinkins, and Sandy Liberato. Rafael and Asuncion moved to California in 1969. During their marriage, they acquired property in California and the Philippines. In 1994, Rafael and Asuncion established the Liberato Family Trust (the trust). They made their children equal beneficiaries under the trust. The trust named Carolina and Norina as successor trustees and contained a no contest clause. Rafael died in 2001. The trust property was divided between Asuncion’s share as surviving spouse (survivor’s trust) and Rafael’s remaining share, which was placed into an irrevocable bypass trust (bypass trust).3 Carolina prepared the division of trust assets between the survivor’s trust and the bypass trust. After Rafael’s funeral, Sandy ceased all contact with Asuncion, Norina, and Carolina, though Annabelle kept in touch with him. 2. Management of Trust Assets Shortly after Rafael’s death, Asuncion signed a durable power of attorney naming Carolina as her attorney in fact and Norina as the…