Trusts and Estates
Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 1
Content
- 2019 Legislation: the Cost To Be a Lawyer Just Got Higher and Other Important Legislative Updates For Trusts and Estates Practitioners
- Chairs of Section Subcommittees
- Editorial Board
- From the Chair
- From the Editors-in-chief
- High Value Estates: Proposal For Compensating Personal Representatives and Attorneys For Ordinary Services In Probate Estates That Exceed $25 Million
- Ing Trusts and the State of California
- Inside this Issue:
- Practitioner's Guide To Preserving the Latino Legacy
- Shall We Check His Text Messages? the Growing Trend of Creating Wills In the Digital Age
- Tax Alert
- Litigation Alert
LITIGATION ALERT
By Jeremiah J. Moffit, Esq.,* Catherine M. Swafford, Esq.,* Matthew R. Owens, Esq.,* and Courtney A. Sorensen, Esq.*
THE DISMISSAL OF A PETITION FOR PROBATE DOES NOT CONSTITUTE A REJECTION OF A CREDITOR’S CLAIM AND A CREDITOR MAY BRING A SUIT WITHIN 90 DAYS OF REJECTION OF THE CLAIM
Estate of Holdaway (2019) 40 Cal.App.5th 1049
The Fourth District Court of Appeal held that when a creditor’s petition for probate is dismissed, a creditor’s timely filed claim is not deemed rejected. A creditor may still file a suit within 90 days after a duly appointed personal representative rejects the claim, regardless of how long after the expiration of the one-year statute for actions against a decedent such rejection occurs.