"Before she died in April 2018, Cynthia Bronte executed three revocable trusts to distribute her primary asset, Basiltops, LLC (Basiltops), a pesto sauce company she built. In a 2014 trust, Cynthia left 75 percent of Basiltops to her daughter, Andrea Bronte, and the remainder to her employees. In a 2016 trust, Cynthia completely disinherited Andrea, and left the company entirely to her employees. In a 2018 trust, Cynthia left the company to one specific employee, Rut Gumeta Albarez. Andrea, who had a difficult relationship with her mother and had been estranged up until Cynthia's death, remained disinherited.
Two months after Cynthia's death, Andrea filed a petition to invalidate the 2018 trust, asserting that Cynthia lacked capacity to execute it and she had been the victim of undue influence and financial elder abuse by Albarez. Andrea sought to have the 2014 trust declared as the valid and rightful trust of Cynthia's.
At trial, Albarez's attorney asserted that "Andrea need[ed] to knock out both the 2018 trust and the 2016 trust" in order for the 2014 trust to be valid and operative. That is, if the 2016 trust is valid, Andrea could not take under the 2014 trust. Agreeing that issue would be dispositive, the court bifurcated the trial to first determine the validity of the 2016 trust. Andrea's attorney did not object then, nor did she object at any time over the next two days of the bifurcated trial. Andrea conceded that Cynthia signed and executed the 2016 trust, which disinherited her, but argued Cynthia's subsequent conduct evidenced her intent to revoke the 2016 trust. The trial court found the "overwhelming" evidence demonstrated the 2016 trust was validly executed, Andrea had not met her burden to demonstrate revocation, and accordingly it denied Andrea's request to have Cynthia's estate distributed pursuant to the 2014 trust."
On appeal, the appellate court affirmed the trial court's ruling.
Bronte v. Albarez, San Diego County Superior Court case # 37-2018-00031659-PR-TR-CTL
