A. The Trust Litigation
On June 23, 2010, spouses Jerry McKibben (“Decedent”) and Karen Tallent (“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. On November 22, 2016, Decedent’s son, Keith McKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent’s removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017.
Under the terms of the Trust, upon the death of the first settlor, the Trust’s assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by failing to follow the prescribed asset allocation and diverting funds from assets which were allotted to Petitioner for the benefit of Respondent’s own personal business ventures.
B. The NonParty Deposi
Hearing Date
January 15, 2020
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A. The Trust Litigation
On June 23, 2010, spouses Jerry McKibben (“Decedent”) and Karen Tallent (“Respondent”) created the Jerry W. McKibben and Karen V. Tallent Revocable Living Trust (the “Trust”). Decedent passed away on October 13, 2014, leaving Respondent as the sole trustee and current beneficiary. On November 22, 2016, Decedent’s son, Keith McKibben (“Petitioner”), filed a petition under Probate Code section 17200, seeking Respondent’s removal as trustee for various alleged breaches of trust. Petitioner filed an amended petition in July 2017.
Under the terms of the Trust, upon the death of the first settlor, the Trust’s assets were to be allocated, as specified in the Trust, between the Marital and Family Shares. Petitioner alleges that Respondent breached her fiduciary duties by failing to follow the prescribed asset allocation and diverting funds from assets which were allotted to Petitioner for the benefit of Respondent’s own personal business ventures.
B. The NonParty Deposi