Estate of Jones CA2/2

Filed 6/26/23 Estate of Jones CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

Estate of DEBRA LYNNE B319459 JONES, Deceased. (San Luis Obispo County BARRY VANDERKELEN, as Super. Ct. No. 19PR0059) Administrator, etc.,

Petitioner and Respondent,

v.

TOM W. JONES, Individually and as Trustee, etc.,

Objector and Appellant.

TOM W. JONES, Individually (San Luis Obispo County and as Trustee, etc., Super. Ct. No. 20PR0059)

Plaintiff and Appellant,

v.

BARRY VANDERKELEN, as Administrator, etc.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Luis Obispo County, Hernaldo J. Baltodano, Judge. Affirmed. M. Jude Egan for Objector and Appellant and Plaintiff and Appellant. Carmel & Naccasha and Victor J. Herrera for Petitioner and Respondent and Defendant and Respondent.

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Tom W. Jones (Tommy) seeks to reverse a judgment of the probate court interpreting the Jones Family Trust (Family Trust) executed by his parents, Kenneth Jones (Kenneth) and Mary Jones (Mary) naming Tommy and his sister, Debra L. Jones (Debbie) as successor trustees and beneficiaries.1 The probate court ruled the terms of the Family Trust required that when Debbie died intestate some years after the deaths of her parents, her share of the Family Trust was to pass to her estate. In so ruling, the court rejected Tommy’s claim that Debbie’s failure to take full distribution of her share prior to her death meant it lapsed and passed to him. We conclude the court properly interpreted the Family Trust and affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND A. Facts2 In September 1977, Mary and Kenneth created the Family Trust. It provides that Kenneth and Mary, as settlors, were also cotrustees; that upon the death of either Kenneth or Mary, the surviving spouse