Case Alerts

Summary: Where the trust expressly required that amendments be made by a signed writing, handwritten interlineations on a trust instrument did not constitute a valid amendment because they were not signed. Read more

Summary: The statutory time limit for commencement of a jury trial following a proposed conservatee’s demand is not mandatory, and failure to commence trial within statutory confines is not grounds for earlier expiration of the conservatorship. Read more

Summary: LPS Conservatee’s appeal of denial of right to jury trial deemed untimely and substantial evidence supported order for involuntary medication. Read more

Summary: In an action to reappoint an LPS conservator, the petitioner need not prove as an additional element that the conservatee is unwilling or unable to voluntarily accept treatment. Read more

Summary: Future Distributions of Trust Principal May be Subject to Judgment Creditors When Due and Payable, Regardless of When Petition To Enforce is Filed. Read more

Summary: Assets in a qualified special needs trust are subject to mandatory payback to the State from the trust’s remainder upon the beneficiary’s death for medical expenses incurred on the beneficiary’s behalf, regardless of whether the beneficiary was under 55 years of age when she received Medi-Cal benefits. Read more

Summary: The Due Process Clause of the Fourteenth Amendment prohibits states from taxing trusts based solely on the in-state residency of trust beneficiaries. Read more

Summary: Administrator removed for 15-year intentional delay in selling estate property and winding up estate affairs, and for bad faith conduct against heirs. Read more

Summary: A living trust may be considered a “person” for purposes of a partnership, and may associate in a partnership in place of an individual. Read more

Summary: In Ress Fin. Corp. v. Beaumont 1600, LLC (In re Preserve, LLC), 2018 WL 4292023, filed September 7, 2018, the Bankruptcy Appellate Panel of the Ninth Circuit vacated the Bankruptcy Court’s grant of attorney’s fees arising from a stay violation and remanded the case to the Bankruptcy Court for further proceedings. The BAP reversed on the grounds that (1) the trustee should have filed the contempt action as a contested matter as opposed to an adversary proceeding; (2) the trustee was ineligible to recover damages under section 362(k) because a trustee is not an “individual” within the meaning that section; and (3) the court was required to determine, under the clear and convincing standard of review, that the contemnor had knowledge of the stay and intended to violate it before awarding civil contempt damages. Read more