Motion for Writ in David and Gracelyn Glover Family Revocable Trust - Jeffrey's Special Needs Trust| Trellis.Law

On April 16, 2024 a Complaint,Petition was filed involving a dispute between Leach, Lynn, and for Trust in the District Court of Butte County.

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Robert D. Harp, State Bar No. 121966
Marshall & Harp, LLP
901 Bruce Road, Suite 130
Chico, California 95928 4/16/2024
Telephone: (530) 895-1512
Fax:(530) 895-0844

Attorneys for Lynn Leach

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF BUTTE

10 N~QIJ I'k0
Date:
Time: otIIAr
OI
11 "p":+o™
In Re No, 24PR00182
12 )
PETITION FOR APPOINTMENT OF
13 The David and Gracelyn Glover Family ) CO-TRUSTEE TO SERVE
Revocable Trust — Jeffrey's Special Needs ) WITHOUT BOND
14 Trust )

16 The petition of LYNN LEACH alleges that:
17 1. The David and Gracelyn Glover Family Revocable Trust was established on June
18 20, 1990 by David Glover and Gracelyn Glover (the uTrustu) and The David and Gracelyn
19 Glover Family Revocable Trust - Jeffrey's Special Needs Trust was established upon David
20 Glover's death on October 15, 2017 (AJeff's Trust" ). The Trust is attached hereto as Exhibit AAu
21 and Jeff s Trust is attached hereto as Exhibit «B".
22 2. Petitioner is the current trustee of JeIFs Trust The terms of JefFs Trust do not
23 provide for the Petitioner to appoint a successor trustee or to appoint a co-trustee.
24 3. Jeffrey Glover is the current income and principal beneficiary of Jeff's Trust
25 Petitioner and Theodore D. Glover are the contingent principal beneficiaries of Jeiys Trust
26 upon the death of Jeffrey Glover. Amy Johnson is the contingent beneficiary upon the death of
27 Lynn Leach. Leslie Glover and Michael Glover are the contingent beneficiaries upon the death
28 of Theodore D. Glover. Petitioner believes that it is appropriate for the court to appoint Amy

MARSHALL A HARP. LLP
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THE DAVID AND GRACELYN GLOVER FAMILY REVOCABLE TRUST - JEFFREY'S SPECIAL NEEDS
TRUST- PETN FOR CO-TRUSTEE
Johnson as a Co-trustee to serve with Petitioner. If either Petitioner or Amy Johnson ceases to
act as a Co-trustee then they shall have the right to appoint in writing a successor Co-Trustee.
lf no successor Co-Trustee is appointed then the one remaining shall serve alone as Trustee.
4. No bond shall be required of any acting Trustee or Co-trustee.
5. The name and last known address of the beneficiary of Jeffs Trust, as far as
known to Petitioners, is:
Jeffrey Glover
1845 Mitchell Avenue
Orovilie, CA 95966
10 6. The names and last known addresses of the contingent beneficiaries of Jeffs
Trust, as far as known to Petitioners, are:
12 Lynn Leach Theodore Glover Amy Johnson
211 Canyon Highlands Dr. 2 Coventry Drive 20 Butte Woods Drive
Oroville, CA 95966 Oroville, CA 95966 Oroville, CA 95966

16 Leslie Glover Michael Glover
17 2 Coventry Drive 2 Coventry Drive

18 Oroville, CA 95966 Oroville, CA 95966
19 7. Jeffrey Glover consents to the appointment of Amy Johnson as Co-Trustee and
20 have waived the requirement of a bond. Said Consents and Waivers are attached hereto as
21 Exhibit uC".
8. Amy Johnson consents to her appointment as Co-Trustee and has waived the
23 requirement of a bond. Said Consent and Waiver is attached hereto as Exhibit uD".
24 9. Theodore Glover, Leslie Glover and Michael Glover consent to the appointment
25 of Amy Johnson as Co-Trustee and have waived the requirement of a bond. Said Consents and
26 Waivers are attached hereto as Exhibit uE".
27
28

HAARHALLA
HAAP,LI.I'01
Bruce Road, BuHa 130
Chico, CA 9592B
(530} 095.1512

THE DAYID AND GRACELYN GLOVER FAMILY REVOCABLE TRUST -JEFFREY'5 SPECIAL NEEDS
9. Petitioner consents to the appointment of Amy Johnson as Co-Trustee and has
waived the requirement of a bond being filed by Amy Johnson as said Co-Trustee. Said
Consent and Waiver is attached hereto as Exhibit uF".

10. Petitioner requests that the court issue an order stating that any acting Co-

Trustee shall have the power aione to exercise any and all of the powers of the trustee.

11. Petitioner requests that the court issue an order stating when only one (I) successor
8 nustee is serving and no other successor Trustees have been designated under any other provision in
9
this trust instrument, then the remaining successor Trustee shall name a successor Trustee or name a
10
Co-Trustee in writing.
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12 WHEREFORE, PETITIONERS REQUEST that:

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1. Amy Johnson shall serve as a Co-Trustee with Petitioner of Jeffs Trust to serve
14
without bond.
15
2. If either Amy Johnson or Petitioner is unable or unwilling to act as successor Co-
16
Trustee then they shall have the right to appoint in writing another person to serve as
17
successor Co-Trustee. If there is no such appointment, the remaining Trustee shall serve
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alone as sole Trustee of the Trust. When only one {I) successor trustee is serving and no other
19
successor Trustees have been designated under any other provision in this trust instrument, then the
20
remaining successor Trustee shall name a successor Trustee in writing.
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3. No bond shall be required for any acting Trustee or Co-Trustee.
22
For all further and proper orders, including any order the court may deem necessary for the
23
preservation of the trust.
24
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Dated: /TIPPY JD, 2024
26 WLNN LEACH

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MAASHALL 0 HARP, LLP
90 1 Bruce Road, Sutta 130
CLHB C* 93920
LS301 093.1312

THE DAVID AND GRACELYN GLOVER FAMILY REVOCABLE TRUST- JEFFREY'S SPECIAL NEEDS
TRUST- PETN FOR CO-TRUSTEE
MARSHALL, EL HARP, LLP

IQ ~
Attorneys for Petitioner

VERI F ICATI 0 N

I am the Petitioner and have read the foregoing Petition for Appointment of Co-Trustee
8
and know the contents thereof. I certify that the same is true of my own knowledge, except as
9
to those matters which are therein stated upon by information and belief, and as to those
ikey/
10
matters I believe it to be true.
11
I declare under penalty of perjury under the laws of the State of California that the
12
foregoing is true and correct, and that this Verification was executed at iWS I
13
gfOIo/Id.. s 1M on /HDPZIJ 20,2024.
14

16 LYNN LEACH

17
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21

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MARSHALL 0 HAAP. LLP
90l Smco Amd. Soho l30
Chico, CA 93920
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THE DAVID AND GRACELYN GLOVER FAMILY REVOCABLE TRUST - IEFFREY'S SPECIAL NEEDS
TRUST- PETN FOR CO-TRUSTEE
2 RESTATEMENT
OF
THE DAVID and GRACELYN GLOVER FAMILY REVOCABLE TRUST

ARTICLE ONE
INTRODUCTION

1. Recital. THIS 2" RESTATEMENT OF THE DAVID and GRACELYN

day of 1
l,
GLOVER FAMILY REVOCABLE TRUST (this "Amendment") is made effective this

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wife, (ADavid and Gracelyn"),
2015, by DAVID GLOVER and GRACELYN GLOVER, husband and
~&
of Butte County, California. David and Gracelyn established THE

DAVID and GRACELYN GLOVER FAMILY REVOCABLE TRUST on or about June 20, 1990

(the "TrusP), and restated the Trust in full on November 16, 2010 by that certain Restatement of

, the David and Gracelyn Glover Family Revocable Trust and they are currently the Trustees of the

Trust. Pursuant to Article 3 of the written instrument creating the Trust, David and Gtacelyn desire

and intend to amend all the terms of the Trust such that the terms of the Trust shall read as provided

below.

2. Amendmenr lo Trust. The Trust shall be amended and restated in its entirety to

read as follows:

"ARTICLE ONE
CREATION OF TRUST

THE DAVID and GRACELYN GLOVER FAMILY REVOCABLE
TRUST
ARTICLE ONE
CREATION OF TRUST
1.01. Declaration. DAVID GLOVER and GRACELYN GLOVER, husband and wife,

of Butte County, California, who are herein referred to as "the Settlors" or "the Trustees,"

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depending on the context, hereby declare that they hold certain property {the "Trust Estate" ) in

trust, to be held, administered, and distributed according to the terms of this instrument.

1.02. Names of Trusts. The trusts created by this instrument shall be known

collectively as THE DAVID and GRACELYN GLOVER FAMILY REVOCABLE TRUST, and

each separate trust created under this instrument shall be referred to by adding the name or

designation of that separate trust as it appears in the appropriate Section of this instrument.

1.03. Effective Date. This declaration shall be effective immediately on execution by

all the parties.

1.04. Definitions of Child. Children. and Issue. As used in this instrument, the terms

"child" and "children" refer to all persons referred to in California Probate Code I'126, as in effect

at the time of execution of this instrument, and the term "issue" refers to all persons referred to in

California Probate Code tj50, as in effect at the time of execution of this instrument.

ARTICLE TWO
TRUST ESTATE
2.01. Definition of Trust Estate. All property subject to this instrument from time to

time is refened to as the "Trust Estate" and shall be held, administered, and distributed as

provided in this instrument. The Trustee shall hold, administer, and distribute the property

described in the Schedule of Community Property Assets (which is attached hereto and made a
part of this trust instrument as Schedule 2.01), any other property that may be herealler subject to

this trust, and the income and proceeds attributable to all such property, in accordance with the

provisions of this instrument.

2.02. Character of Trust Assets. All community property of the Settlors transferred to

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this trust, and the proceeds of all such property, shel! continue to be community property under
the laws of California, subject to the provisions of this instrument. All separate and quasi-

community property shall remain the separate or quasi-community property, respectively, of the
contributing Settlor.

2.03. Nonnrobate Transfers of Communitv Pronertv. The consent of'the Settlors to

the transfer of any community property assets subject to this trust shall be governed solely by the

terms of this trust instrument. California Probate Code ittj5010 through 5032 (or any successor

sections), dealing with non-probate transfers of community property, shall be inapplicable to any

trust created by this instrument.

2.04. Additions to Trust. From time to time, the Trustee may accept additions to this

trust from any source, All such additions shall become part of the Trust Estate and shall be held,

administered, and distributed in accordance with the terms of this instrument. That additional

property shall become part oF the Trust Estate on written acceptance of it by the Trustee. Any
additions to the trust shall be made by designating in writing the property to be added. However,

the titling of any account, deed, or similar asset in the name of the Trustee, as Trustee of this

trust, or any alternate or successor Trustee acting under this instrument, shaH be deemed to be a

transfer to this trust. Any designation by a third party, whether by will, deed, account title

designation, or similar transfer, shall also be a transfer to the Trust Estate.

ARTICLE THREE
RIGHTS AND PO%ERS OF SETTLORS
3.01. Power of Revocatton%Vhile Both Settlors Are Livina. During the joint lifetimes

of'he Settlors, any trust created by this instrument may be revoked or terminated, in whole or in

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part, by either Settlor as to any separate and quasi-community property of that Settlor and any
community property of the Settlors. Any trust created by this instrument may be modified or

amended by either Settlor acting alone as to any separate and quasi-community pmperty oF that

Senior, and by both Settlors acting jointly as to any community property of the Settlors.

3.02. Power of Revocation and Amendment After Death of Deceased Settlor. After

the death of the Decease Settlor, the Surviving Settlor may at any time amend, revoke, or

terminate, in whole or in part, any trust created by this instrument other than the Disclaimer

Trust, which shall be irrevocable and not subject to amendment. After the death of the Surviving

Settlor, none of the trusts created by this instrument may be amended, revoked, or terminated.

3.03. Method of Revocation or Amendment. Any amendment, revocation, or

termination of any trust created by this instrument shaH be made by written instrument signed by

both Settlors or by the Settlor making the revocation, amendment, or termination, and delivered

to the Trustee. If the instrument making the revocation, amendment, or termination is signed by
only one Settlor and the other Settlor is living at that time, a copy of the instrument making the
amendment, revocation, or termination shall also be delivered to the other Settlor. An exercise of

the power of amendment substantially affecting the duties, rights, and liabilities of the Trustee

shall be effective only if agreed to by the Trustee in writing.

3,04. Deliverv of Pronertv After Revocation. Alter any revocation or termination with

respect to community property, the Trustee shall promptly deliver the designated property to the

Settlors. Unless otherwise provided in the revocation or this trust instrument, any community

pmperty so returned shall continue to be the community property of the Settlors. After any
revocation or termination with respect to separate or quasi-community property, the Trustee shall

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promptly deliver the designated property to the contributing Settlor.

3.05. Trustee's Retention of Assets on Revocation. In the event of any revocation of

all or part of the trust, the Trustee shall be entitled to retain sufficient assets to reasonably secure

the payment of liabilities the Trustee has lawfully incurred in administering the trust and any fees

that have been earned by the Trustee, until such time as those liabilities have been discharged and

fees paid, unless the Settlors indemnify the Trustee against loss or expense.

3.06. Settlers'ower to Borrow From Trust Estate While Both Settlors Are

LJJg. Notwithstanding any other provision in this instrument, during the joint lifetimes of the

Settlors, income or principal of the Trust Estate may be borrowed with or without security, as

provided in this Section, The loans shall be in such amounts and on such tonus as specified in a

signed writing filed with the Trustee.

{a) The Settlors, acting jointly, shall have the power to borrow from the
portion of the Trust Estate that is the Settlers'ommunity property. Both Settlors shall be
requhed to sign the writing filed with the Trustee,

{b) A Settlor whose separate property or quasiwommunity property comprises
any portion of the Trust Estate shall have the power to borrow from that portion of the Trust
Estate.

3.07. Power to Borrow From Trust Estate After Death of Deceased Settlor. Atter

the death of the Deceased Settlor, the Surviving Settlor may borrow, with or without security,

&om the income or principal of any trusts created under this instrument, other than the
Disclaimer Trust, such amounts on such terms as he or she specifies in a signed writing filed with

the Trustee.

3.08. Exercise of Riehts and Powers of Settlors Bv Others. Any right or power that

either Settlor could exercise personally under the terms of this instrument, except the power to

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amend, revoke, or terminate any trust created by this instrument, may be exercised for and in

behalf of that Settlor by any attorney in fact who, at the time of the exercise, is duly appointed

and acting for that Settlor under a valid and enforceable durable power of attorney executed by

that Settlor under the Uniform Durable Power of Attorney Act, or any successor statute, or, if

there is no such attorney in fact, by a duly appointed and acting conservator of that Settlor, afier

petition to the court in accordance with California Probate Code tl25SO, or any successor statute.

The power to amend, revoke, or terminate any trust created by this instrument is personal to the

Settlors and may not be exercised by any other person or entity.

ARTICLE FOUR
DISTRIBUTIONS DURING SETTLORS'OINT LIVES
4.01. Pavment of Income Durintt Settlors'oint Lives. So long as both Settlors are

living, the Trustee shall pay the net income of ihe trust as specified in this Section.

(a) Communitv Pronertv. The Trustee shall pay to or apply for the benefit of
the Settlors, or either of them, all of the net income fmm the trust community property, in
monthly or other convenient installments (but not less often than annually) as the Settlors, or
either of them, and the Trustee may agree on from time to time.

(b) Senarate ond Ouosi-Comnntnitv Pronertv. The Trustee shall pay to or
apply for the benefit of a Settlor whose separate property or quasi-community property comprises
part of the Trust Estate all of the net income from that property, in monthly or other convenient
installments (but not less ofien than annually) as that Settlor and the Trustee may agree on from
time to time.

4.02. Distributions of Princinal Durinsr Settlors'oint Lives. So long as both

Settlors are living, the Trustee shall distribute principal of the trust, at any time or times, as
specified in this Section.

(a) Coinntunitv Prooertv. The Trustee shall distribute to or apply for the
benefit of the Settlors, or either of them, as much of the principal of the community pmperty of
the trust as the Trustee, in the Trustee's discretion, deems necessary for the comfort, welfare, and

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happiness of the Settlors, or either of them.

(b) Seoarate and Ouasi-Communitv Prooertv. The Trustee shall distribute to
or apply for the benefit of either Settlor as much of the principal of the separate and quasi-
community property of that Settlor as the Trustee, in the Trustee's discretion, deems proper for
the comfort, welfare, and happiness oi'that Settlor.

(c) Consideration of Ottter ilesourees IYlen Distributina Prineinai. In
exercising discretion under Subsections (a) and (b), the Trustee shall give the consideration that
the Trustee deems proper to all other income and resources then readily available for use by the
Settlor or Settlors, as the case may be, for the stated purposes and that are then known to the
Trustee. All decisions of the Trustee regarding such payments, if any, are within the Trustee's
discretion and shall be final and incontestable by anyone.

4.03. Distributions of Princinal at Reuuest of Settlors. So long as both Settlors are

living, the Settlors shall have the right to withdraw principal of the trust, at any time or times, as

specified in this Section.

(a) Comnrunitv Prooertv. The Trustee shall distribute to the Settlors, or
either of them, such amounts from the principal of the community property of the trust, up to the
whole thereof, as the Settlors, or either of them, may request of the Trustee in writing.

(b) Seoarate and Ouasi-Communin Prooertv. The Trustee shall distribute to
a Settlor whose separate or quasiwommunity property comprises part of the Trust Estate as much
of the principal of that property, up to the whole thereof, as that Settlor may request of the
Trustee ill wllfillg.

4.04. Settlors'bliaation for Communitv Pronertv Distributed. Any payment of

income or principal from the trust community property to or for the benefit of the Settlors, or

either of them, shall remain the community property of the Settlors. A Settlor who receives any

such payment shall have the same obligations respecting that property that he or she would have

with respect to all community property generally.

4.05. Reouests in Behalf of a Settlor Unable to Do So Personallv. If, at any time,

either Settlor is unable personally to make a request of the Trustee to withdraw principal of the

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trust, that Settlor's right to make the request may be exercised for or in behalf of that Settlor by

an attorney in fiict who, at the time of the exercise, is duly appointed and acting for that Settlor
under a valid and enforceable durable power of attorney executed by the Settlor under the

Uniform Durable Power of Attorney Act, or any successor statute. If there is no such attorney in
fact, then the Trustee shall have the discretion to make any principal distribution to or for the

benefit of that Settlor that the Settlor could have requested personally if he or she wem able to do

so. In making any principal distribution under this Section (whether pursuant to a request by an

attorney in fact or not), the Trustee shall pay as much of the principal as the Trustee, in the
Trustee's discretion, deems necessary for that Settlor's health, education, support, and

maintenance. The Trustee shall have discretion to determine when a Settlor is unable personally

to request principal payments from the Trustee for purposes of this Section.

ARTICLE FIVE
DISTRIBUTIONS AFTER DECEASED SETTLOR'S DEATH
5.01. Pavment of Death Taxes. Debts. and Exnenses on Statement From Personal

Renresentative. After the Deceased Settlor's death, on receipt by the Trustee of a written

statement ftum the personal representative of the Deceased Settlor's estate requesting that the

Trustee pay death taxes, debts, and expenses (as defined in Article Eight), with respect to any

property in the Deceased Settlor's estate, the Trustee shall pay, either directly or to the personal

representative, any amounts requested by the personal representative for those purposes, in the

manner specified below. The Trustee may rely on the personal representative's statement and

shall not be liable for any act or omission by the personal representative in protesting or failing to

pmtest the legality, propriety, or amount of the death taxes, debts, or expenses. If there is no

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persona! representative, the Trustee shall make the payments directly. Payments of debts and
expenses shall be made by the Trustee from the Trust Estate. All death taxes payable by reason

of the death of the Deceased Settlor shall also be paid by the Trustee from the Trust Estate,

Payments under this Section on the death of the Deceased Settlor shall be made only out of(i) the

Deceased Settlor's separate property, if any, (ii) the Deceased Settlor's one-half (I/2) interest in

the Settlors'ommunity property, and (iii) the Deceased Settlor's one-half (I/2) interest in the

Deceased Settlor's quasi-community property, and shall not be made from the Surviving Settlor's

pmperty. Any death taxes that are attributable to a disclaimer of property under this instrument

by the Surviving Settlor shall be paid from the Disclaimer Trust.

5.02. Trustee's Power to Defer Division or Distribution, Whenever the Trustee is

directed to divide any part of the Trust Estate or distribute trust assets on the death of either
Settlor, the Trustee may, in the Trustee's discretion, defer actual division or distribution for a

period not exceeding six (6) months after that Settlor's death. The ability of the Trustee to delay

division or distribution shall not affect the vesting of interests, which shall be as of the date of

5,03. Division of Trust Estate After Death of Deceased Settlor. On the death of the

Deceased Settlor, the remaining Trust Estate shall be held, administered and distributed by the

Trustee according to the terms of the Survivor's Trust as set forth in Article Six.

5.04. Intention That Disnosition Be Eliaible for Marital Deduction. The Settlors

intend that the disposition of the Trust Estate set forth in the preceding Section (to the extent that

it provides for disposition of the Deceased Settlor's property) be eligible for the federal estate tax
marital deduction, and this instrument shall be construed accordingly.

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5.05. Disclaimer of Pronertv. Any property or portion of property of the

Settlor's that is disclaimed by the Surviving Settlor shall not be held, administered and
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distributed to the Survivor's Trust but rather shall be held, administered, or distributed according

to the terms of the Disclaimer Trust, as set forth in Article Six.

ARTICLE SIX
DISPOSITIVE PROVISIONS OF TRUSTS CREATED
AFTER DECEASED SETTI OR'S DEATH
6.01. Survivor's Trust. The Trustee shall hold, administer, and distribute the assets of

the Survivor's Trust as follows:

(a) Pavureui oflaconic. The Trustee shall pay to or apply for the benefit of the
Surviving Settlor, so long as the Surviving Settlor lives, the entire net income of the trust, in
monthly or other convenient installments agreed on by the Surviving Settlor and the Trustee, but
not less often than annually. In determining the net income of the trust distributable to the
Surviving Settlor, the Trustee shall include all income that must be considered as income in order
for the trust to qualify for the marital deduction under the federal estate tax law, and shall make no
deductions from gross income that would prevent the trust &om qualifying for that marital
deduction, notwithstanding any contrary provisions of this insnument or any applicable provisions
of state law. It is the intention of the Settlors that the Surviving Settlor, as the beneficiaiy of a
marital deduction trust, shall have substantially that degree of beneficial enjoyment of the trust
during his or her lifetime that the principles of the law of trusts accord to a person who is
unqualifiedly designated as the life beneficiary of a trust, and the Trustee shall not exercise the
Trustee's discretion in a manner that is not in accord with this expressed intention. It is also the
intention of the Settlors that the trust produce for the Surviving Settlor during his or her lifetime the
income, or that the Surviving Settlor shall have the benefit of the trust property, as is consistent
with the value of the trust pmperty and with its preservation.

Discreiiauarv Pavureur ofPrinciaai bv Trustee. At any time or times during
(b)
the trust term, the Trustee shall pay to or apply for the benefit of the Surviving Settlor so much of
the principal of the trust as the Trustee deems pmper for the comfort, welfare, and happiness of the
Surviving Settlor. In exercising discretion, the Trustee shall give the consideration that the Trustee
deems proper to all other income and resources that are then known io the Trustee and that are
readily available to the Surviving Settlor. All decisions of the Trustee regarding payments under
this Subsection, if any, are within the Trustee's discretion and shall be final and incontestable by
anyone.

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the Surviving Settlor as much of the trust principal as the Surviving Settlor may &om time to time
demand.

(d) 6enera/ Power of Aooolntnrent. On the death of the Surviving Settlor, the
Trustee shall distribute all property subject to the trust {including the uust principal, all net income
then held by the Trustee, and all income then accrued but not collected by the Trustee) to any entity
or entities, person or persons, and on any trust, terms and conditions, or to or in favor of the estate
of the Surviving Settlor, as the Surviving Settlor may direct by Will, but only if that will expressly
mfers to and indicates an intention to exercise this power of appointment. The Trustee may rely on
any instrument admitted to probate as the Last Will of the Surviving Settlor in canying out the
terms of the power of appointment and shall not be liable for any good-faith act in reliance on that
Will, even if for any reason it is later determined to be invalid with respect to its purported exercise
of this power of appointment. If the Trustee receives no notice of the existence of a Will of the
Surviving Settlor within six {6) months after the death of the Surviving Settlor the Trustee may
distribute the trust assets and income as though this power of appointment had not been exercised
and shall in that event be conclusively presumed to have acted in good faith, even if a valid Will is
thereatter discovered.

(e) Pavntent of Deatli Taxes. Debts. and Exoenses. On the death of the
Surviving Settlor and subject to any power of appointment exercised by him or her, the Trustee, in
the Trustee's discretion, may pay out of the income or principal {or partly Sum each) of the
Survivor's Tmst the death taxes, debts, and expenses (as defined in Article Eight) arising on the
death of the Surviving Settlor unless the Trustee determines that other adequate provisions have
been made for the payment of these taxes, debts, and expenses.

(I) Default Provision. On the death of the Surviving Settlor, if any of the
pmperty subject to the power of appointment of the Surviving Settlor is not effectively appointed by
him or her, that property, after payment of any taxes, debts, and expenses pursuant to the applicable
pmvisions of this instnunent, shall be distributed in the following manner:

{i) The Trustee shall distribute all of the Settlor's, Gracelyn Glover,
jewehy to the Settlors daughter, LYNN LEACH, if she survives the Surviving Settlor. If Lynn does
not survive the Surviving Settlor then this gift shall lapse.

(ii) The Trustee shall continue to hold and administer the real property
located at 217 Windward Way, Oroville, California (APN: 031-310-065) in the Trust until the
conclusion of United States District Court for the Eastern District of California Case 413-CV-
00829 TLN-KIN. During the time that the Trust is holding the real property Amy Leach may live at
the pmperty rent free and shall pay all costs associated with the real property including, but not
limited to, mortgage, insurance, maintenance, and taxes. Upon the conclusion of the case or iF the
case has aheady concluded upon the death of the Surviving Settlor the Trustee shall first offer the

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pmperty for sale to Amy Leach for the purchase price of One Hundred Fifty Thousand Dollars
{$ 150,000.00) cash and with a close of escrow date not more than one hundred twenty (120) days
fiom the date of the offer. If Amy Leach declines to purchase the real property the Trustee shall
sell the real pmperty to a thud party. The Trustee shall add the proceeds fmm the sale of the real
property to the trust principal and distribute as provided below in Paragraph 6.01(f)(III).

(iii) The Trustee shall divide the remaining trust principal (including all
income then accrued but uncollected and all income then remaining in the hands of the Trustee)
into as many shares of equal market value as aie necessary to create one share for each of the
Settlors'hildren who survive the Surviving Settlor. Lynn's share shall first include the real
property located at 1845 Mitchell Avenue, Oroville, California. The Trustee shall distribute the
stuues as follows:

(a) If the Settlors'hild, LYNN LEACH, survives the
Surviving Settlor the Trustee shall distribute her share outright. If Lynn does not survive the
Surviving Settlor but leaves issue surviving the Surviving Settlor then her share shall be divided
between her then-living issue with those issue to take that share in the manner provided in
California Probate Code ti240, If an individual issue of Lynn's has reached the age of twenty-five
{25) years at the death of the Surviving Settlor, the Trustee shall distribute that issue's share
outright to that issue; if an individual issue of Lynn's has not reached the age of twenty-five {25)
years at the death of the Surviving Settlor, the Trustee shall continue to hold, administer, and
distribute that issue's share in a separate trust for that issue according to the terms set forth in
Article Three applicable to the Separate Share Trust for Issue. If Lynn Leach does not leave any
issue surviving the Surviving Settlor then her share shall be distributed equally to the
Settlors'emaining
children in the manner specified in Paragraphs (b) and (c) below.

(b) If the Settlors'hild, THEODORE D. GLOVER, survives
the Surviving Settlor the Trustee shall distribute his share outright. If Theodore D. Glover does
not survive the Surviving Settlor then his share shall be distributed one-half (I/2) to his spouse,
Leslie Glover, and one-half (I/2) to his then-living issue with those issue to take that share in the
manner provided in California Probate Code it240. If any of Theodore's issue has reached the age
of twenty-five {25) years at the death of the Surviving Settlor, the Trustee shall distribute that
issue's share outright to that issue; if an individual issue of Theodore's has not reached the age of
twenty-five (25) years at the death of the Surviving Settlor, the Trustee shall continue to hold,
administer, and distribute that issue's stuue in a separate trust for that issue according to the
terms set forth in Article Three applicable to the Separate Share Trust for Issue. If Leslie Glover
does not survive the Surviving Settlor then her gift shall lapse and the Trustee shall distribute
Theodore D. Glover's share dire:tly to his then-living issue to be distributed as described above.
If Theodore D. Glover does not leave any issue surviving the Surviving Settlor and Leslie Glover
survives the Surviving Settlor then his share shall be distributed one-half (I/2) to his spouse,
Leslie Glover, and one-half {I/2) to be divided equally between the Settlors'emaining children.
If Leslie Glover does not survives the Surviving Settlor and Theodore D. Glover does not leave

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any issue surviving the Surviving Settlor then his share shall be distributed equally between the
Settlors'emaining children as provided for in Paragraphs (a) and {c).

(c) If the Settlors'hild, JEFFREY M. GLOVER, survives the
Surviving Settlor the Trustee shall continue to hold, administer, and distribute his share in a
separate trust for Jeffrey M. Glover according to the terms set forth in Article Six applicable to
the Jeffrey's Trust. If Jeffrey M. Glover does not survive the Surviving Settlor then this share
shall be distributed equally to the Settlors'emaining children as provided for in Paragraphs (a)
and (b) above.

(d) If none of the Settlers'ssue survive the Surviving Settlor,
the Trustee shall distribute the undisposed-of portion as follows: one-half (I/2) to the heirs of
the Deceased Settlor and one-half (I/2) to the heirs of the Surviving Settlor.

6.02. Disclaimer Trust. The Trustee shall hold, administer, and distribute the assets of

the Disclaimer Trust as follows:

(a) Pavment of Income. The Trustee shall pay to or apply for the benefit of
the Surviving Settlor the entire net income of the trust, in monthly or other convenient
installments as agreed on by the Surviving Settlor and the Trustee, but not less ellen than
annually.

Discretionarv Pavment of Princioal bv Trustee. At any time or times
{b)
during the trust tenn, the Trustee shall pay to or apply for the benefit of the Surviving Settlor so
much of the principal of the trust as the Trustee deems proper to pay the reasonable expenses of
the Surviving Settlor for his or her health, education, support, and maintenance. In exercising
discretion, the Trustee shall give the consideration that the Trustee deems proper to all other
income and resources that are known to the Trustee and that are readily available to the Surviving
Settlor for use for these purposes. All decisions of the Trustee regarding payments under this
Subsection, if any, are within the Trustee's discretion and shall be final and incontestable by
anyone.

(c) Disoositio» of Disclaimer Trttst on Death of Survivine Settlor. On the
death of the Surviving Settlor, the Trustee shall hold, administer, and distribute the assets of the
Disclaimer Trust as follows:

(i) The Trustee shall distribute all of the Settlor's, Gracelyn Glover,
jewelry to the Settlors daughter, LYNN LEACH, if she survives the Surviving Settlor. If Lynn does
not survive the Surviving Settlor then this gift shall lapse.

(ii) The Trustee shall continue to hold and administer the real property
located at 217 Windward Way, Oroville, California (APN: 031-310465) in the Trust until the

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conclusion of United States District Court for the Eastern District of'alifornia Case ffl3&V-
00829 TLN-KIN. During the time that the Trust is holding the real property Amy Leach may live at
the pmpeity rent free and shall pay all costs associated with the real property including, but not
limited to, mortgage, insurance, maintenance, and taxes. Upon the conclusion of the case or if the
case has already concluded upon the death of the Surviving Settlor the Trustee shall first offer the
pmperty for sale to Amy Leach for the purchase price of One Hundred Fifty Thousand Dollars
($ 150,000.00) cash and with a close of escmw date not more than one hundred twenty {120) days
Bum the date of the offer, If Amy Leach declines to purchase the real property the Trustee shall
sell the real property to a third party. The Trustee shall add the pmceeds fiom the sale of the real
property to the trust principal and distribute as provided below in Paragraph 6.01(fxiii).

(iii) The Trustee shall divide the remaining trust principal (including all
income then accrued but uncollected and all income then remaining in the hands of the Trustee)
into as many shares of equal market value as are necessary to create one share for each of the
Settlors'hildren who survive the Surviving Settlor, Lynn's share shall first include the real
property located at 1845 Mitchell Avenue, Oroville, California. The Trustee shall distribute the
shares as follows:

(a) If the Settlors'hild, LYNN LEACH, survives the
Surviving Settlor the Trustee shall distribute her share outright. If Lynn does not survive the
Surviving Settlor but leaves issue surviving the Surviving Settlor then her share shall be divided
between her then-living issue with those issue to take that share in the manner provided in
California Probate Code tt240. If an individual issue of Lynn's has reached the age of twenty-five
(25) years at the death of the Surviving Settlor, the Trustee shall distribute that issue's share
outright to that issue; if an individual issue of Lynn's has not reached the age oF twenty-five (25)
years at the death of the Surviving Settlor, the Trustee shall continue to hold, administer, and
distribute that issue's share in a separate trust for that issue according to the terms set forth in
Article Three applicable to the Separate Share Trust for Issue. If Lynn Leach does not leave any
issue surviving the Surviving Settlor then her share shall be distributed equally to the
Settlors'emaining
children in the manner specified in Paragraphs {b) and (c) below.

(b) If the Settlors'hild, THEODORE D. GLOVER, survives
the Surviving Settlor the Trustee shall distribute his share outright, If Theodore D. Glover does
not survive the Surviving Settlor then his share shall be distributed one-halF (I/2) to his spouse,
Leslie Glover, and one-half (I/2) to his then-living issue with those issue to take that share in the
manner provided in California Probate Code ti240. If any of Theodore's issue has reached the age
of twenty-five (25) years at the death of the Surviving Settlor, the Trustee shall distribute that
issue's share outright to that issue; iF an individual issue of Theodore's has not reached the age of
twenty-five (25) years at the death of the Surviving Settlor, the Trustee shall continue to hold,
administer, and distribute that issue's share in a separate trust for that issue according to the
terms set forth in Article Three applicable to the Separate Share Trust for Issue. If Leslie Glover
does not survive the Surviving Settlor then her giII shall lapse and the Trustee shall distribute
Theodore D. Glover's share directly to his then-living issue to be distributed as described above.

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If Theodore D. Glover does not leave any issue surviving the Surviving Settlor and Leslie Glover
survives the Surviving Settlor then his share shall be distributed one-half (I/2) to his spouse,
Leslie Glover, and one-half (I/2) to be divided equally between the Settlors'emaining children.
If Leslie Glover does not survives the Surviving Settlor and Theodore D. Glover does not leave
any issue surviving the Surviving Settlor then his share shall be distributed equally between the
Settlors'emaining children as provided for in Paragraphs (a) and (c).

(c) If the Settlors'hild, JEFFREY M. GLOVER, survives the
Surviving Settlor the Trustee shall continue to hold, administer, and distribute his share in a
separate trust for Jeffrey M. Glover according to the terms set forth in Article Six applicable to
the Jefirey's Trust. If Jeffrey M. Glover does not survive the Surviving Settlor then this share
shall be distributed equally to the Settlors'emaining children as provided for in Paragraphs (a)
and (b) above.

If none of the Settlors'ssue survive the Surviving Settlor,
(d)
the Trustee shall distribute the undisposed

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Complaint,Petition: David and Gracelyn Glover Family Revocable Trust - Jeffrey's Special Needs Trust

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Complaint,Petition: David and Gracelyn Glover Family Revocable Trust - Jeffrey's Special Needs Trust

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