Gomez v. Smith
The court held that because Frank Gomez was found to have the mental capacity to execute a new living trust for Louise Gomez and Tammy Smith's intentional interference.
Date Filed: October 19, 2020
Case Name: Gomez v. Smith
Case Number: C089338M
Court: California Court of Appeal, Third Appellate District
(‘The Court affirms the trial court’s judgment that Frank Gomez possessed the mental capacity to execute a new living trust for Louise Gomez and that, because Tammy Smith interfered with that intent, a constructive trust giving Louise a life‑estate interest in the decedent’s trust assets is proper. The appellate court holds that the evidence of capacity and of intentional interference is sufficient and that the trust language is not fatally ambiguous. This decision reinforces California probate law’s willingness to enforce a decedent’s expressed intent through constructive trusts and limits appellate reversal of factual findings on capacity and interference.’, ‘9ab62beb’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.