Trusts and Estates
Ca. Trs. & Estates Quarterly VOLUME 31, ISSUE 1, 2025
Content
- THANK YOU TO OUR 2024 TRUSTS & ESTATES CONTRIBUTORS
- 2024 Legislation: New Laws That Trust and Estate Practitioners Should Know
- Chairs of Section Subcommittees
- Editorial Board
- Inside This Issue
- Letter From the Chair
- Letter From the Editor
- McLe Self-study Article Assembly Bill 2016: a Study of New Legislation
- McLe Self-study Article Navigating the Complexities of Fine Art and Collectibles For Fiduciaries
- McLe Self-study Article the Ending For California Residents? California Taxation of Incomplete Gift Nongrantor Trusts
- Tax Alert
- Litigation Alert
LITIGATION ALERT
Written by Michael S. Brophy, Esq., Craig S. Weinstein, Esq., Ann Kinsey Schu, Esq., Courtney A. Sorensen, Esq., Sara Z. May, Esq. and Kaetlyn Conolly, Esq.*
INTESTATE HEIRS HAVE STANDING UNDER PROBATE CODE SECTION 17200 TO CHALLENGE A TRUST INSTRUMENT.
Hamlin v. Jendayi (2024) 105 Cal.App.5th 1064
The First District Court of Appeal held that Probate Code section 17200 does not prohibit intestate heirs from challenging a trust instrument even if the intestate heirs were not beneficiaries under any prior estate planning documents. The Probate Code’s requirement that each intestate heir be given notice of the deadlines to bring a trust contest impliedly reflects an intestate heir’s ability to bring a trust contest.