Trusts and Estates
Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 1, 2024
Content
- Chairs of Section Subcommittees
- Editorial Board
- Inside This Issue
- Letter From the Chair
- Letter From the Editor
- McLe Self-study Article: How the King (V. Lynch Case) Was Slayed: the California Supreme Court Clarifies How a Revocable Trust May Be Modified
- McLe Self-study Article: People V. Sanchez and Expert Use of Hearsay In Trust and Estate Litigation
- McLe Self-study Article: Working With the Enemy: How Parties Can Protect Themselves Against the Broad Doctrine of Quasi-judicial Immunity
- Proposed Rule: Fincen Proposes Requiring Estate Planners To Report Transfers of Residential Real Property To Trusts
- Tax Alert
- Tips of the Trade: the Perfect Appraisal For Estate and Gift Tax Purposes: the Role of the Appraiser and the Attorney
- Litigation Alert
LITIGATION ALERT
Written by Michael S. Brophy, Esq.*, Craig S. Weinstein, Esq.*, Sara Z. May, Esq.*, Courtney A Sorensen, Esq. **
STATUTORY PROCEDURE FOR TRUST REVOCATION IS AVAILABLE METHOD TO AMEND TRUST UNLESS TRUST INSTRUMENT PROVIDES FOR AN EXCLUSIVE MODIFICATION METHOD
Haggerty v. Thornton (2024) 15 Cal.5th 729
The California Supreme Court held that a trust amendment was valid even though the trustor had not followed the amendment procedure referenced in the instrument. The trustor complied with the statutory revocation procedure, and the method of revocation and modification described in the instrument was not explicitly exclusive.