To continue our blog on Straley v. Gamble; approximately two weeks after decedent's death, William O. Gamble III (trustee, defendant and trustee) served Steven Straley (decedent's son; plaintiff and appellant) a notice of the administration of the trust, in accordance with section 16061.7 of the Probate Code. Five days later, Steven was also served with a copy of the trust.
Within 120 days of receiving the notice, Steven filed a petition asking the trial court to "determine whether the entire distribution had been changed pursuant to the amendment." Notice of the petition was not served until Steven served a notice of hearing a couple of months later.
On November 28, 2011, William filed and served his response to Steven's petition stating that the "petition was time-barred, pursuant to section 16061.7 and the doctrine of laches, and that the amendment was invalid."
The trial court agreed with William ruling that the petition was time-barred by section 16061.7 and by the equitable doctrine of laches. Steven appealed.
Tune in for more on this topic on subsequent blog.
*This blog entry was not written by an Attorney and should not be construed as professional legal advice.