Case Alerts

There is no blanket prohibition that categorically bars an heir from intervening as a matter of right in a lawsuit filed by a personal representative in a wrongful death suit. Read more

Court can enforce settlement agreement with implied condition precedent that has not yet materialized. Read more

Attorneys’ fees properly denied to party in dissolution proceedings on needs-basis, where the party over litigated the case and failed to show reasonable grounds to appeal. Read more

LPS conservatorship petitions must proceed to a statutory hearing before trial unless the proposed conservatee waives the hearing and demands trial before the hearing, but the proposed conservatee does not have to demand trial until five days following the completed statutory hearing. Read more

Mildred and James created a trust and named their children as remainder beneficiaries. Their two eldest daughters, Lynne and Gail, were to receive $200,000 from the revocable survivor’s trust and the residue was to be divided equally between their youngest two daughters. James died in 2006. In 2015, after receiving a notice by trustee and copy of the trust, Lynne filed a petition to remove Mildred as trustee and to declare the trust instrument a forgery. Following a 13-day court trial on the bifurcated forgery claim, the court determined that the trust instrument was not a forgery. Read more

Party that fails to read agreement and consult with their attorney prior to signing is not entitled to rescind agreement based on unilateral mistake of fact as to the contents. Read more

Laura petitioned for an elder abuse restraining order (EARO) against Debra based on her efforts to unduly influence Thomas, Laura’s father, including the procurement of a trust amendment disinheriting Thomas’s biological children. In requesting the EARO, Laura indicated the abuse was “solely financial” while also asserting that the harm to Thomas included “confusion and distress.” Read more

Probate Code Section 259 limits what an abuser can receive from a trust, will, or by the laws of intestacy but does not expand the rights of others or create a rule for interpreting provisions of a trust document. Read more

Cite as A162222Filed February 24, 2022, First District, Div. Three By Jaime B. HerrenHolland & Knight LLPwww.hklaw.com Headnote: Trust Amendment – Available Methods Summary: Because the trust described a method of amendment that was the exclusive means of amendment available to the settlors, the trust amendment was invalid for failure to comply with that exclusive method. Mary and Sal C. amended their revocable trust the day before Sal C. died.  The amendment was not notarized despite that the trust required any amendment, revocation… Read more

Under prior law applicable to persons who died before January 1, 2017, property held by a decedent and transferred to heirs through a revocable trust was subject to reimbursement for Medi-Cal benefits. Read more