Trusts and Estates
Hamlin v. Jendayi
Cite as A167695
Filed October 17, 2024
First District, Div. Three
By: Nicholas W. Yang
Hanson Bridgett LLP
https://www.hansonbridgett.com
Headnote: Trust Litigation – Standing to Sue
Summary: Intestate heirs have standing to contest a trust even if they were never named as trust beneficiaries.
In 2013, Dr. Head passed away survived by her two sisters. Two months prior to her death, Dr. Head was hospitalized where she executed a power of attorney and an advance healthcare directive naming her former student and friend, Jendayi, as her primary agent. After being discharged from the hospital, Dr. Head went into hospice care at Jendayi’s home. Two weeks prior to her death, Dr. Head was again hospitalized, and during that time, executed a trust instrument naming Jendayi as the trustee and sole beneficiary of the Trust. The two sisters petitioned the probate court to invalidate the trust on the grounds of undue influence, lack of capacity, and/or forgery. The probate court granted the sisters’ petition. Jendayi appealed.
The appellate court affirmed. The probate court did not err in finding the sisters had standing to contest the trust. The appellate court rejected Jendayi’s argument that only trustees and trust beneficiaries have standing to contest a trust under Section 17200. The appellate court concluded that nothing in Section 17200 limits standing before the probate court to only trustees and trust beneficiaries. Further, Jendayi’s interpretation of Section 17200 would conflict with Section 16061.7 and bar standing for the very persons (i.e., intestate heirs) entitled to receive statutory notice of their right to contest the trust.