Trusts and Estates Case Alerts

Cite as E085807Filed February 5, 2026Fourth District, Div. Two By William SiasCounty of Los Angeles, Office of County Counselhttps://wsias@counsel.lacounty.gov Headnote: A determination of grave disability under the Lanterman-Petris-Short Act does not support a trial court’s presumption that the person is incompetent to testify under Evidence Code section 701. Summary: Alexander Esparza was charged with kidnapping for ransom, reward, or extortion under Penal Code section 209, subd. (a). The alleged victim was his fiancée L.S., whom he subpoenaed to testify in… Read more

Headnote:  Litigation – Prevailing party entitled to fees under Welfare and Institutions Code section 15657.5(a), including fees incurred in responding to cross-petition Read more

Summary:  In LPS conservatorship proceedings, counsel may validly waive a conservatee’s jury trial right absent evidence that the conservatee was unaware of the right, that counsel acted without authority, or that the waiver contradicted the conservatee’s expressed wishes. Read more

Summary:  A claim for intentional interference with expected inheritance (IIEI) failed where it was alleged that a trustor was prevented from executing a trust amendment with a revised distributive scheme, because the beneficiary had standing to seek relief in probate court and thus an had an adequate probate remedy. Read more

Intended beneficiaries of charitable trust had special interest standing to sue to enforce charitable trust.   Read more

The unilateral fee shifting provision in the financial elder abuse statute (Welf. & Inst. Code section 15657.5(a)) does not bar prevailing defendants from obtaining cost-of-proof fees incurred in proving true facts that plaintiff refused to admit in discovery without any reasonable basis under Code of Civil Procedure (“CCP”) section 2033.420. Read more

Elder Abuse Act demands both a high level of culpability and sufficiently detailed allegations demonstrating it. Read more

Mismanagement under Probate Code sections 8402(a)(3) and 8502(a) includes pre-appointment conduct that badly, improperly, or unskillfully handles an estate asset and may result in denial of appointment of a named executor. Read more

Revocation of a will by cancellation must occur by physical alteration of the will and a separate, stand-alone document does not constitute a subsequent will unless it also transfers property upon death.  Read more

Merely being a proposed conservatee’s neighbor is insufficient to qualify as an interested person or friend with standing to file a petition for conservatorship. Read more