Zahnleuter v. Mueller
Annotate this CaseRichard Mueller and his wife, Joan Mueller (collectively, settlors), had two children together: plaintiff Katherine Zahnleuter (formerly Mueller) and Amy Mueller. Richard also had a daughter from a previous marriage, Julie Van Patter. Defendant Thomas Mueller was Richard’s brother, and Katherine and Amy’s uncle. Thomas had two children: Sudha Mueller and Puja Mueller. In August 2004, the settlors created the Richard J. & Joan R. Mueller Living Trust. Under the terms of that document, Katherine and Amy were equal residual beneficiaries of the trust estate after the payment of certain expenses and gifts, including a $10,000 gift to their half-sister, Julie. Amy and then Katherine were named as the successor trustees upon the death of both settlors. The trust document authorized the trustee, in his or her discretion, to initiate or defend, at the expense of the trust estate, any litigation the trustee considered advisable related to the trust or any property of the trust. The trust document included a no contest clause. In October 2017, Joan died. Shortly thereafter, Richard was diagnosed with terminal cancer. The trust agreement would be amended three times, each amendment carrying its own no contest clause, and each giving differing amounts of money to the various beneficiaries. Thomas, the successor trustee named in the third amendment to the trust, appealed an order surcharging him for the trust assets he expended to defend against a beneficiary’s contest to the validity of the third amendment. Finding no error, the Court of Appeal affirmed.
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