Trusts and Estates
Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 4, 2024
Content
- Chairs of Section Subcommittees
- Editorial Board
- Inside This Issue
- Letter From the Chair
- Letter From the Editor
- McLe Self-study Article A Planner's Guide To the Long-awaited California Uniform Directed Trust Act
- McLe Self-study Article Ethica Ex Machina or: How I Learned To Stop Worrying and Love Chatgpt | Ethical Considerations For Trusts and Estates Attorneys Using Generative Ai
- McLe Self-study Article Reconsidering the Advance Health Care Directive
- McLe Self-study Article Spears V. Spears: a Shiny New Option For Enforcing a Creditor's Claim Against a Trust
- Tax Alert
- Litigation Alert
LITIGATION ALERT
Written by Michael S. Brophy, Esq.*, Craig S. Weinstein, Esq.*, Sara Z. May, Esq.*, Courtney A. Sorensen, Esq.**, and Ann Kinsey Schu, Esq.**
A DAMAGES AWARD PURSUANT TO PROBATE CODE SECTION 859 ENTITLES THE COMPLAINING PARTY TO TWICE THE VALUE OF THE TRUST PROPERTY IN ADDITION TO THE VALUE OF THE PROPERTY, AND THE AWARD MAY BE MADE IN FAVOR OF A BENEFICIARY RATHER THAN THE TRUST
Asaro v. Maniscalco (2024) 103 Cal.App.5th 717
The Fourth District Court of Appeal held that a beneficiary who brought claims against a trustee for breach of fiduciary duty, elder abuse, and return of trust property was entitled to an award of twice the value of the trust property returned to the trust as well as the property itself.