Sachs v. Sachs
Annotate this CaseThe Court of Appeal affirmed the probate court's order granting a petition for instructions allowing the trustee to treat lifetime gifts to trust beneficiaries as advances on their inheritances. The court held that Probate Code section 21135, subdivision (a)(2) has been satisfied where the trial court could reasonably conclude that the Permanent Record was sufficient to satisfy the writing requirement; parole evidence was properly admitted to interpret the writing; subdivision (a)(3) has been satisfied where the trial court could reasonably conclude the emails constitute a written acknowledgement that the distributions were advancements; and the trial court properly found a disparity in payments between the parties.
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