The lawsuit, Travis R. Maxon et al. v. Shirley Bernice Rosa et al., was filed in the Court of Appeal of the State of California, First Appellate District, Division Two, with a court case ID A166134 on April 26, 2024. The case revolves around a family dispute over inheritance proceeds amounting to approximately $400,000.
Plaintiffs and appellants Travis R. Maxon and David L. Maxon contend that the disputed money is traceable to proceeds from the sale of property they inherited from their late father under a trust agreement. They claim that their mother wrongfully diverted the money to her own benefit shortly before her death in breach of their late father’s testamentary wishes under the written trust agreement.
The disputed funds are now in possession of their late mother’s sister, Respondent Shirley Bernice Rosa (“Bernice”), who took possession of the money immediately upon her sister’s death. Travis and David sued their aunt to recover the money; however, the trial court rejected their claim and entered judgment against them.
The plaintiffs are seeking for judgment and damages through an imposition of a constructive trust over the inheritance proceeds. They believe that the trial court erred in rejecting their claim and seek to reverse the judgment.