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Property Law Keyed to Singer
Estate of Guidotti
Citation:
109 Cal. Rptr. 2d 674 (Cal. App. 2001)Facts
On March 13, 1999, Earl Guidotti died. Upon his death, a trust was created for the benefit of his wife, Darlene. At Darlene’s death, the remainder of the trust was to be distributed to charitable organizations as appointed by Darlene. The trust provided that Darlene would receive the net income for her life except in the event she should remarry or cohabitate with a man. Darlene could also not invade the trust principal for her health, maintenance, and support if she remarried or cohabitated. On March 13, 2000, Darlene filed a petition to reform the will in order to meet certain technical requirements. In support of the petition, Darlene offered a declaration from the drafting attorney who declared that Earl was “extremely jealous” and “did not want Darlene to remarry nor live with another man as if married.” Earl also instructed the attorney to draft the will in such a way to severely penalize Darlene if she remarried or cohabitated.
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