Staley

FACTS AND PROCEDURAL HISTORY

Kenneth and Beverly Woodgrift created the Woodgrift Family Trust (Trust) in May 2000.1 Kenneth passed away nearly 10 years later. As the Trust required, Beverly divided up the Trust's assets into two subtrusts: (1) a Survivor's Trust consisting of Beverly's half of the "Trust Estate"; and (2) an Exemption Trust consisting of "the balance" of the "Trust Estate." (Art. III, §§ 1-5.) Beverly became the Trustee of the Survivor's Trust. Keri M. Staley, one of Kenneth's children from a prior marriage, became the Special Trustee of the Exemption Trust. (Art. IX, § 2b.) Keri filed a petition with the trial court seeking instructions on eight different provisions of the Trust. The trial court declined to provide instructions on one of the issues, but resolved the remaining issues largely in Beverly's favor.

DISCUSSION

We independently review the trial court's interpretation of a trust and other written instruments. (Johnson v. Greenlesch (2009) 47 Cal.4th 598, 604.)

I. Keri's Authority as Special Trustee of the Exemption Trust

The Trust provides that Beverly, as the surviving spouse, is entitled to "all of the net…