- 4 - C. Decedent’s Trust In 1991, decedent executed (1) a declaration and agreement of trust (the trust agreement), which created decedent’s trust, and (2) a deed transferring her remaining 98.2857-percent undivided interest in the Sand Point Road property to herself and to her son as cotrustees (the trustees) of decedent’s trust. Decedent had the power to revoke the trust during her lifetime. The trust agreement required the trustees to distribute all of the income to or for the benefit of decedent and allowed the trustees to invade the trust corpus for decedent’s care, maintenance, or support. The assets remaining in decedent’s trust when she died were to be distributed in equal shares to her three children. Decedent suffered a stroke and was hospitalized on March 9, 1992. After she was released from the hospital, she entered a rehabilitation center for about 6 weeks. She then moved to an assisted-living facility in Alhambra, California. On December 30, 1992, decedent withdrew a 1.5-percent interest in the Sand Point Road property from the trust and gave each of her daughters a 0.75-percent undivided interest in that property. D. The Exchange of the Sand Point Road Property for the Padaro Lane Property In the fall of 1992, the trustees of decedent’s trust listed the Sand Point Road property for sale with a real estate broker. In January 1993, the trustees of decedent’s trust and decedent’sPage: 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