Trusts and Estates
Ca. Trs. & Estates Quarterly 2023, VOLUME 29, ISSUE 2
Content
- TRUSTS & ESTATES QUARTERLY
- Chairs of Section Subcommittees
- Editorial Board
- Letter From the Chair
- Letter From the Editor
- McLe Self-study Article Better Late Than Never, But Never Late Is Better: Analyzing the Timing of Certificates of Review For Gifts To Care Custodians
- McLe Self-study Article the Broad Array of Charitable Giving Vehicles Demystified
- McLe Self-study Article the Rise of the Revocable Trust In California
- McLe Self-study Article Where Agreements Won't Work - a Word To the Wise Regarding Strict Wage and Hour Liability and Related Claims
- There's Nothing Defective About a Grantor Trust
- What Attorneys Need To Know About a Client's Cognitive Capacity
- Litigation Alert
LITIGATION ALERT
Written by Jeremiah J. Moffit, Esq.,* Courtney A. Sorensen, Esq.,* Craig S. Weinstein, Esq.,* Sara Z. May, Esq.,* and Joubin Hanassab, Esq.
I. A TRUSTEE CAN BE SURCHARGED FOR FEES INCURRED IN DEFENDING AGAINST A TRUST CONTEST, UNLESS THE TRUST STATES THAT THE TRUSTEE CAN USE TRUST FUNDS TO DEFEND THE CONTEST
Zahnleuter v. Mueller (2023) 88 Cal.App.5th 1294
The Third District Court of Appeal held that if a trust does not explicitly state that a trustee may use trust funds to defend against a trust contest, then the trustee must remain neutral in the litigation and cannot favor one beneficiary’s interest over another. The Court of Appeal further held that if the trustee improperly defends a trust contest, then the trustee can be surcharged for the amount he incurred in attorneys’ fees.