Balian v. Balian, No. B214434

Probate court's order granting a declaratory relief petition brought by a trust beneficiary to determine that a proposed petition to modify an irrevocable trust is not a contest is affirmed as the proposed modification petition explicitly states that it is being pursued under section 15409 and as such, it does not violate a no contest clause.     

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Appellate Information

Filed December 11, 2009

Judges

Opinion by Judge Turner

Counsel
For Appellant:   Lurie, Zepeda, Schmalz & Hogan, M. Damien Holcomb and Steven L. Hogan; Cutugno & Rust, Richard N. Rust

For Appellee:  Schomer Law, Scott P. Schomer; Matthew W. Goldsby