Trusts and Estates

Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 2

LITIGATION ALERT

By Jeremiah J. Moffit, Esq.,* Catherine M. Swafford, Esq.,* Matthew R. Owens, Esq.,* and Courtney A. Sorensen, Esq.*

DISINHERITED BENEFICIARY HAS STANDING UNDER PROBATE CODE SECTION 17200 TO PETITION TO INVALIDATE THE DISINHERITING TRUST AMENDMENT

Barefoot v. Jennings (2020) 8 Cal.5th 822

The Supreme Court of California held that persons who claim that trust instruments eliminated their status as a beneficiary due to incapacity, undue influence, or fraud have standing to litigate those claims in Probate Court under Probate Code section 17200.

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