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Wills, Trusts & Estates Keyed to Sterk
Newman v. Wells Fargo Bank, N.A.
Citation:
50 Cal.Rptr.2d 2(1996)Facts
Helen Lathrop, a Belvedere, California resident, passed away in December 1972. Her will established a testamentary trust, which directed that income be distributed to her six siblings or, upon their deaths, to their descendants. Upon the death of the last surviving sibling, the trust estate was to be distributed to the living children of the siblings. The will was probated in 1973, and in May 1974, Wells Fargo Bank was appointed as trustee. Jon E. Newman, whose biological father, Earl Mitchell, was Helen Lathrop’s brother and an income beneficiary, was adopted by his stepfather in 1946. In August 1993, a petition was filed in the San Francisco Superior Court by the guardian ad litem of minor A., seeking to attach 25% of Jon E. Newman’s share of the Lathrop trust income. The petition cited a pending action in Washington State, a settlement agreement involving Newman, and an agreement by Newman to stipulate to an order in California attaching part of his trust income.
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