Case Alerts

A direct contest of an original trust instrument resulted in forfeiture under an amendment that did not contain a no contest clause because the assets the challenger sought to inherit pursuant to the amendment were given under the original trust instrument. Read more

A skilled nursing facility cannot compel arbitration of claims arising from a principal’s alleged maltreatment, pursuant to a contract signed by a health care agent. Read more

Failure to comply with the requirement in newly enacted Welfare and Institutions Code section 5350, subdivision (d)(2), that trial must begin within ten days of demand is discretionary, not mandatory, grounds for dismissal. Read more

The statutory method of revocation is available as a method of trust modification unless the trust expressly limits method of modification. Read more

Petition to Determine Entitlement to Distribution of Estate – Rights of Assignee Read more

Where no probate estate is opened and the trustee does not elect the optional trust claims procedure, a creditor may file suit to recover on a settlor’s debt from the trust estate without first having to proceed against the settlor’s probate estate. Read more

A civil complaint was “an action to contest a trust” within the meaning of Probate Code section 16061.8 because “the practical effect” of the complaint was a challenge to the validity of the trust instrument, and it was therefore subject to the 120-day deadline. Read more

Caregiver that received free room and board in exchange for care services qualified as a care custodian and the decedent’s donative gift to her was subject to presumption of fraud or undue influence. Read more

Monetary sanctions were properly awarded in connection with a conservator’s motion to quash a subpoena that was overbroad, violative of the conservatee’s privacy rights, and issued for an improper purpose.   Read more

In addition to a trustee or beneficiary, an interested person may have standing to respond or object in a trust proceeding. Read more