Trusts and Estates
Ca. Trs. & Estates Quarterly 2021, Volume 27, Issue 4
Content
- Chairs of Section Subcommittees
- Editorial Board
- Foreseeable Monetization of Michael Jackson's Assets After Death: How To Value Copyrights of Musical Compositions and Rights of Publicity
- From the Chair
- From the Editor-in-chief
- Inside this Issue:
- Joint Representation and Advance Waivers
- King Lear and a Thousand Acres—Two Estate Planning Tragedies With Timeless Lessons For Modern Estate Planning Attorneys
- Tax Alert
- Tips of the Trade: Real Property, Real Problems: a Practitioner's Guide To Dealing With Real Estate In a Probate
- To Protect and Serve - a Case To Abolish Attorney Work Product Protection As To Estate Planners' Files In Post-death Will or Trust Contests
- Litigation Alert
LITIGATION ALERT
By Jeremiah J. Moffit, Esq.,* Courtney A. Sorensen, Esq.* Craig S. Weinstein, Esq.*, and Sara Z. May, Esq.*
AN ACCOUNTING CAN BE ORDERED AGAINST ANYONE THAT OWES A FIDUCIARY DUTY, THE RIGHT TO OBJECT TO CONSIDERATION OF AFFIDAVITS MAY BE WAIVED IF NOT ASSERTED, AND THE RIGHT TO AN EVIDENTIARY HEARING MAY REQUIRE OFFER OF PROOF OF FACTUAL ISSUES AND EVIDENCE TO BE ASSERTED AT THAT HEARING
Conservatorship of Farrant (2021) 67 Cal.App.5th 370
The Second District Court of Appeal held that a court can require an accounting from any party that possesses a fiduciary duty. Further, the Probate Court may consider affidavits and declarations as evidence, even in contested proceedings, if no one objects to their consideration. In addition, the trial court did not abuse its discretion in denying the request for an evidentiary hearing where no offer of proof is made to specify the factual issues and evidence to be presented at the requested hearing.