Case Alerts

Summary: LPS conservatees have a constitutional equal protection right not to testify against themselves in conservatorship proceedings. Read more

A court may not amend or reform a will to include a specific reference to a power of appointment in order to preserve the validity of the gift. Read more

Summary: Upon a finding of financial elder abuse, an award of attorney’s fees is mandatory regardless of whether damages are awarded. Read more

Summary: A decedent’s intent governs disposition and posthumous use of his or her stored gametic material. Read more

The full date-of-death value of a GRAT is includable in a decedent’s gross estate for federal estate tax purposes, unless the grantor divests herself of possession of, enjoyment of, or a right to income from the property, leaving no string tying her to the property. Read more

Summary: A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity. Read more

Summary: Trustees representing themselves do not engage in the unauthorized practice of law in probate matters not involving third parties. Read more

Summary: The trial court is not required to employ an effectiveness test before awarding attorneys’ fees and costs to the Attorney General in a charitable trust enforcement action. Read more

Summary: A person who misappropriates estate property in bad faith must return the property, plus pay twice the property’s value as a separate penalty. Read more

Summary: Unambiguous wills may be reformed based on extrinsic evidence establishing clear and convincing evidence of a mistake in the drafting, and of the testator’s actual and specific intent. Read more