Zweig v. Surinck CA2/6

Filed 3/17/14 Zweig v. Surinck CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

GARY ZWEIG, as Cotrustee, etc., 2d Civil No. B245133 (Super. Ct. No. PO80082) Plaintiff and Appellant, (Ventura County)

v.

KARON SURINCK et al., as Cotrustees, etc.,

Defendants and Appellants.

This is a contest between two sets of siblings over the assets of a trust. The trial court found that one set of siblings has no interest in a parcel of real property held in trust and that the other set of siblings improperly withdrew money from the trust. Both sides appeal. We affirm. FACTS Everett and Leona Martin were married in 1981. They had no children together, but they each had children of prior marriages. Karon Surinck and Darold Martin are the adult children of Everett (hereafter, Martin siblings). Gary, Allen and Sharon Zweig are the adult children of Leona (hereafter, Zweig siblings).1

1 Only Gary Zweig appeals. All references to Zweig are to Gary.

Everett and Leona executed a trust on November 10, 1987. The trust provided that as long as the trustors or the survivor of them shall live, the trustors or the survivor shall have the exclusive use and benefit of the income and assets of the trust. Upon the death of the survivors of the trustors, all of Everett's separate property and half of the community propery shall be distributed to his children, and all Leona's separate property and half of the community propery shall be distributed to her children. The trust did not contain a schedule of assets. Instead, Everett and Leona entered into a property agreement also dated November 10, 1987. Among other assets, the agreement listed 2036 Fifth Street, Glendale, California (Fifth Street property), as Everett's, and 301 North Belmont, Glendale, California (Belmont property), as community property. Paragraph 3 of the property agreement provides in part: "[E]ach spouse agrees that neither of them shall acquire any right, title, or interest, community or separate, in or to the other spouse's separate property by reason of any future community or separate property commingling, contribution, effort, service, repair, or improvement with, to, or for the other spouse's separate property, except as expressly agreed in a writing signed by both spouses." The property agreement further stated at paragraph 6: "After-acquired community property: Everett L. Martin and Leona M. Martin agree that any real or personal property, or any interest therein, title to which is acquired after the effective date of this agreement by either or both of them in both of their names, or any variation thereof, as follows, or words of similar meaning, is their community property: "(1) Everett L. Martin and Leona M. Martin, husband and wife, as community property. "(2) Everett L. Martin and Leona M. Martin, trustees of the Martin Trust dated November 10, 1987.