- 3 -
Background
This case was submitted fully stipulated pursuant to Rule
122, and the facts are so found. The stipulations of the
parties, with accompanying exhibits, are incorporated herein by
this reference. Decedent was a resident of California when she
died testate in that State on March 6, 1998. No probate
proceeding was maintained on behalf of the estate. The executor
and special administrator of decedent’s estate, Peggy D. Mattson
(Ms. Mattson), resided in California at the time the petition in
this case was filed.
Decedent and Samuel Engelman (Mr. Engelman) were husband and
wife. On January 10, 1990, in California, they executed a
declaration of trust placing their assets into the Engelman
Living Trust. The instrument named the settlors, decedent and
Mr. Engelman, as the initial trustees of the trust and set forth
provisions regarding administration and disposition of the trust
estate.
The trust declaration provided generally that, while both
settlors were alive, the trustees were to distribute income or
principal as the settlors directed. Upon the death of the first
spouse, the following provisions were to take effect:
2. DEATH OF FIRST SETTLOR. Upon the death of one
of the SETTLORS, survived by the other, the TRUSTEES
shall divide the Trust Estate into two separate trusts.
These separate trusts will be referred to as: TRUST “A”
and TRUST “B”. Although it is intended that two
separate trusts be created under the laws of California
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011