Gutierrez

FACTS

The Trust and Bank Accounts In 2007, Esperanza and her husband, Luis S. Gutierrez, established a revocable trust (the Trust) and named themselves as cotrustees. Section 7.4 provided that Luis would be the successor trustee “[u]pon the death of [his father], and in the event that Esperanza . . . is deceased.” Toni would be the successor trustee “[u]pon the death of [Esperanza], and in the event that [Luis] is deceased.” Luis and Toni would serve as cotrustees “[i]n the event that [their father] and Esperanza . . . die, or become incapacitated simultaneously.” The Trust also noted Esperanza and her husband had five children, two of whom are involved in the underlying action (Luis and Daniel). The children were listed as beneficiaries who would each receive a one-fifth share of the Trust assets after Esperanza and her husband both passed away.

3 The Trust assets generally consisted of real property, bank accounts, personal property, and “property not specifically identified.” The latter was defined as follows: “Any and all real and personal property not specifically set forth herein that is in the name of the Settlor, or belonging to the Settlor as of the time of the…