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Probate and Trusts

In re: Ericka Emery Revocable Trust

Published: Aug. 9, 2024 | Result Date: May 4, 2024 | Filing Date: Dec. 28, 2021 |

Case number: 30-2021-01238259 Bench Verdict –  $1,300,000

Judge

Bradley Erdosi

Court

Orange County Superior Court


Attorneys

Plaintiff

Andrew C. Kienle
(Hart Kienle Pentecost)


Defendant

Jon R. Vaught
(Vaught & Boutris LLP)


Facts

Plaintiff sued his deceased brother's former girlfriend who absconded with over $1.3 million in trust assets.

Contentions

PLAINTIFF'S CONTENTIONS: Certain assets were improperly removed from the trust and must be returned per Probate Code 850

DEFENDANT'S CONTENTIONS: Any assets that were removed were done so per the terms of the trust and need not be returned

Result

The court ruled in petitioner's favor, ordering the respondent to return the $1.3 million in real and personal property.

Length

three days


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