Inamori v. Kamei CA6

Filed 3/9/15 Inamori v. Kamei CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

JUDY INAMORI, as Cotrustee, etc., H040376 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. 1-13-PR173281)

v.

KENNETH KAMEI, as Successor Trustee, etc.,

Defendant and Appellant.

This appeal arises out of a dispute between Kenneth Kamei and Judy Inamori, two of Kenzo and Ruth Kamei’s three children, regarding a trust established by their parents (the Family Trust).1 The Family Trust provided that upon the death of the first spouse, the Family Trust was to be divided into two subtrusts, the “Bypass Trust” and the “Survivor’s Trust.” The Family Trust further provided that after the death of the first spouse, the surviving spouse could amend only the Survivor’s Trust; the other trusts would become irrevocable. Ruth predeceased Kenzo. At the time of Ruth’s death in 2012, the Family Trust identified all three of Kenzo and Ruth’s children--Kenneth, Judy, and Eileen Eng--as beneficiaries and successor trustees. In November 2012, after Ruth’s death, Kenzo executed an amendment providing that the children should serve as successor trustee in

1 For clarity and consistency, we will use first names to refer to individual members of this family.

birth order: Kenneth first, Eileen if Kenneth could not serve, and Judy if neither Kenneth nor Eileen could serve. After Kenzo’s death in 2013, Judy filed a petition to confirm she was a cotrustee of the Family Trust and the Bypass Trust. She argued the November 2012 amendment was effective as to the Survivor’s Trust only. Kenneth opposed the petition, arguing the amendment applied to all of the trusts, such that he was the sole successor trustee of the Family Trust, the Bypass Trust, and the Survivor’s Trust. The trial court granted the petition. We shall affirm. I. FACTUAL AND PROCEDURAL BACKGROUND A. The Family Trust and Subtrusts Kenzo and Ruth executed the “Kenzo Kamei and Ruth K. Kamei Revocable Trust” (the Family Trust) on May 15, 1990. Thus, Kenzo and Ruth are the settlors of the Family Trust. The Family Trust was modified, restated, and amended numerous times between 1990 and Ruth’s death. As so amended, section 5.3 of the Family Trust requires the trustee to divide the trust estate into three shares--the “Survivor’s Share,” the “Marital Deduction Share,” and the “Nonmarital Share”--on the death of the first settlor (“the deceased settlor”). The Survivor’s Share consists of the surviving settlor’s separate property and quasi-community property, his or her one-half interest in the community property, and his or her one-half interest in the deceased settlor’s quasi-community property. The Survivor’s Share is to be held, administered, and distributed according to the terms of the Survivor’s Trust “as set forth in Article Six” of the Family Trust instrument. The Marital Deduction Share and the Nonmarital Share are to be held, administered, and distributed according to the terms of the Bypass Trust “as set forth in Article Six” of the Family Trust instrument. The Nonmarital Share is to consist of as much property as possible without a federal estate tax being imposed on the estate of the