Roth v. Jelley
The court held that a descendant's contingent remainder interest in a testamentary trust is a protected property interest, so a probate court's decree that eliminates that interest without giving the heir notice and an opportunity to be heard is void, thereby requiring due-process notice in any California probate proceeding that divests a beneficiary of a vested or contingent trust interest, and consequently reversed the trial court's denial and remanded the case.
Date Filed: February 24, 2020
Case Name: Roth v. Jelley
Case Number: A155742
Court: California Court of Appeal, First Appellate District, Division Two
(‘The Court holds that a descendant who holds a contingent remainder interest in a testamentary trust is a protected property interest, so the probate court’s 1991 decree that eliminated that interest without giving the heir notice and an opportunity to be heard is void. Accordingly, the trial court’s denial of the heir’s petition is reversed and the matter is remanded. This decision affirms that due‑process notice is required in California probate proceedings whenever a court action divests a beneficiary of any vested or contingent interest in a trust.’, ‘346f81f5’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.