Case Alerts

The narrow probate exception did not apply to strip the federal court of jurisdiction over an in personam breach of contract action brought after disallowance of a creditor's claim even though valuing the estate would be necessary to compute an award of damages.  Read more

The successor trustee was properly surcharged the amount of attorneys’ fees that he paid using trust assets to defend a contest as to the validity of the final amendment to the trust. Read more

Where there is no extrinsic evidence regarding the testators’ intent, courts exercise their independent judgment in interpreting bequests.   Read more

Arbitration agreement was not valid and enforceable against successors-in-interest to a decedent who was without capacity to consent to arbitration when he executed the contract.  Read more

Where an estate planning attorney drafted for the client a trust amendment to disinherit specified grandchildren, the client’s other family members could not sue that attorney for legal malpractice for subsequently drafting LLC operating agreements that permitted the disinherited grandchildren from receiving interests in the LLCs through inter vivos gifts. Read more

Summary judgment was improper where the presumption of natural parentage was applied without the prerequisite factual finding of cohabitation of spouses.  Read more

Where the trustee applied for an elder abuse restraining order (“EARO”), and the defendants responded with an anti-SLAPP motion, the court properly denied the anti-SLAPP motion but abused its discretion by declining to hear the EARO until after the anti-SLAPP motion. Read more

In probate of the estate of an intestate California decedent, clear and convincing evidence of a non-biological parent-child relationship established the presumption of natural parentage forming the basis of the claim of heirship, even though the parent-child relationship was effectuated outside California. Read more

A minor capable of making informed decisions has the right to petition for removal of a guardian ad litem and to retain counsel for that limited purpose.  The appointment of a guardian ad litem for a minor terminates when the minor reaches the age of majority. Read more

Probate Code section 850, which authorizes the return of real or personal property,  may not be used to obtain documents and communications. Read more