California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Where a testator’s belief, even if irrational or unfounded, is drawn from facts which are shown to exist, the testator was not acting under an insane delusion Read more
A conservatorship petitioner is not entitled to attorneys’ fees where a conservator is not appointed. Read more
Substantial evidence supported the trial court’s finding of elder abuse, and the award of double damages for elder financial abuse without a separate finding of bad faith was proper. Read more
Summary: Beneficiaries who receive notice of court-ordered mediation and fail to participate are bound by the result. Read more
Summary: In determining whether a change in ownership that requires reassessment of real property has occurred the inquiry is focused on the transfer of the beneficial, or equitable, ownership of the property, not the transfer of legal title. Read more
Summary: The trial court improperly dismissed for lack of exclusive jurisdiction of the probate court where the decedent’s trust no longer held the property in dispute and his probate had closed in another county 27 years ago. Read more
Summary: The court lacks authority to require a conservatee to receive a visitor against her will and over the objection of the conservator. Read more
Summary: The term “stock” includes all classes of stock for purposes of determining whether a transfer of ownership has occurred. Read more
Summary: Substantial evidence supported the imposition of a limited conservatorship, even under the clarified standard of review for findings requiring clear and convincing evidence Read more
There is no statutory requirement that the court make an express finding of a conservatee’s decisional incapacity if substantial evidence exists to support the need for involuntary medication, and psychologists may opine on the need for medication. Read more

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