December 2, 2024 / Publications
Andrew Smith and Jessica Babrick Win Published Appellate Decision
The firm is pleased to announce that Weinstock Manion Shareholders Andrew Smith and Jessica Babrick recently emerged victorious for their clients with a published Court of Appeal decision in Reich v. Reich (2024) 105 Cal. App. 5th 1282. Andrew and Jessica represented Michael Dunn and Judith Reich, trustees of trusts created for Shannon Reich and Leah Tesi, daughter and granddaughter of the late Thomas Reich, who designated them to each receive one-half of his IRA’s proceeds after his death. The trustor’s wife of seven months, Pamela Reich, attempted to claim an omitted spouse’s share of the IRA, arguing that it was part of the trustor’s estate.
The California Court of Appeal ruled in agreement with Andrew and Jessica that the IRA proceeds are not part of Thomas’s estate, and Pamela therefore does not qualify for an omitted spouse’s share, as the proceeds constitute a “nonprobate” asset and will “flow directly” to Shannon’s and Leah’s separate trusts rather than through Thomas’s trust initially, as he intended.