Estate of Williams

Filed 8/21/24 CERTIFIED FOR PUBLICATION

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

Estate of Benjamin C. Williams, Deceased. D083713 CARLA MONTGOMERY,

Petitioner and Appellant, (Super. Ct. No. TRUPS2000072) v.

BENITA WILLIAMS,

Respondent.

APPEAL from a judgment of the Superior Court of San Bernardino County, Douglas K. Mann, Judge. Affirmed. Law Office of Jay S. Belshaw and Jay S. Belshaw for Petitioner and Appellant. The Horspool Law Group and J. David Horspool for Respondent. Under Probate Code section 21622, Carla Montgomery petitioned to receive a share of her father Benjamin C. Williams’ trust estate as an omitted child alive at the time he executed his trust documents. Carla appeals the trial court’s denial of her petition, arguing it misapplied section 21622. Applying the reasoning of Rallo v. O’Brian (2020) 52 Cal.App.5th 997 (Rallo), we conclude Carla failed to carry her burden of showing the sole reason she

was omitted was because Benjamin was unaware of her birth. (Rallo, at p. 1011; § 21622.) Benjamin’s omission of four known pretermitted children and his naming as beneficiaries only the two children resulting from his marriage shows his intent that only those two children should receive a share of his estate. We thus affirm. I. Annie Elliott gave birth to Carla following a brief relationship with Benjamin in the 1960s. Benjamin moved to California shortly after Carla’s conception. In total, Benjamin fathered seven children. He fathered five, including Carla, before moving to California. He was aware of the existence of all but Carla. After moving to California, he got married and fathered his youngest two children. Benjamin executed a declaration of trust in 1999. The only named beneficiaries were “[his] children, Benita Ligia Williams and Benjamin S. Williams.” (Capitalization omitted.) The trust instrument contained no general disinheritance clause. After a DNA match, Carla’s daughter Niyah Montgomery contacted Benita on a genealogy website. Benita and Niyah arranged a “family get together” in September 2019, where Carla met several half-siblings and learned of Benjamin’s recent passing. In December 2019, Carla received notice from the trustee of the existence and administration of Benjamin’s trust. She petitioned to receive a share of the estate under section 21622. During a one-day trial, the court admitted evidence and heard testimony from Annie, Carla, Niyah, and Benita. After Carla rested, Benita moved for nonsuit. Benita contended Carla failed to prove the “sole reason”