Trusts and Estates Case Alerts

Cite as B339383Filed December 20, 2024Second District, Div. Seven By Michelle Barnett BatistaAaron, Riechert, Carpol & Riffle, APCwww.arcr.com Headnote:  Trust Litigation – Lis Pendens – Real Property Claim Summary:  Petition seeking a change in trustee of a trust that holds real property constitutes a real property claim within the meaning of Code of Civil Procedure section 405.4. Arthur amended his trust to name his caregiver, Neneth, as trustee and sole beneficiary.  Following Arthur’s death, his daughter, Lucy, filed a petition… Read more

Cite as G064034Filed November 12, 2024Fourth District, Div. Three By Golnaz YazdchiSheppard Mullin Richter & Hampton LLPhttps://www.sheppardmullin.com Headnote:  Litigation – Appealability of Suspension Orders Summary: An order suspending a trustee and appointing an interim trustee is not directly appealable. Trustee and trust protector were suspended and an interim trustee was appointed pursuant to an ex parte application by the beneficiary alleging that the trustee and trust protector were conspiring to withhold funds from the beneficiary in order to enrich the trustee,… Read more

Cite as B330725Filed November 13, 2024Second District, Div. Seven By: Nicholas W. YangHanson Bridgett LLPhttps://www.hansonbridgett.com Headnote:  Testamentary Transfer – Unreasonable Restraint on Alienation Summary:  The prohibition against unreasonable restraints on alienation under Civil Code section 711 applies to real property transferred through testamentary instruments.  In 2018, settlor amended and restated her trust naming her three children as beneficiaries. Upon settlor’s death, the trust provided that each child was to receive, inter alia, a one-third fee simple interest in the long-time… Read more

Cite as A167695Filed October 17, 2024First District, Div. Three By: Nicholas W. YangHanson Bridgett LLPhttps://www.hansonbridgett.com Headnote: Trust Litigation – Standing to Sue Summary: Intestate heirs have standing to contest a trust even if they were never named as trust beneficiaries.  In 2013, Dr. Head passed away survived by her two sisters. Two months prior to her death, Dr. Head was hospitalized where she executed a power of attorney and an advance healthcare directive naming her former student and friend, Jendayi,… Read more

Cite as D083713Filed August 21, 2024Fourth District, Div. Four By Golnaz YazdchiSheppard Mullin Richter & Hampton LLP https://www.sheppardmullin.com Headnote: Estate Litigation – Omitted Child Summary: To inherit a share of a parent’s estate as an omitted child, the child must show that the sole reason for omission was that the testator was unaware of the child’s birth. Williams fathered seven children, five of whom were born out of wedlock and two of whom were the result of a marriage. Williams… Read more

Cite as B329459Filed September 4, 2024Second District, Div. Six By Michelle Barnett BatistaAaron, Riechert, Carpol & Riffle, APCwww.arcr.com Headnote:  Legal Malpractice – Duty of Care to Nonclients Summary:  Estate planning attorney did not owe duty of care to client’s heirs because client’s intent to benefit heirs in the estate plan was not clear, certain, and undisputed.  In 2011, Richard met with his attorney, John, regarding changes to his estate plan.  Richard instructed John that he wanted to leave his entire… Read more

The penalty in Probate Code section 859 for damages double the value of the trust property is in addition to the remedy in Probate Code section 856 for return of the trust property, and the penalty may be awarded to the individual who brought the action.   Read more

A corporation’s contractual obligation to redeem shares is not necessarily a liability that reduces a corporation’s value for purposes of the federal estate tax.   Read more

The one year statute of limitations on claims arising from a decedent’s promise to make a distribution does not apply to claims for distribution under a valid trust amendment. Read more

Email to estate planning attorney attaching estate planning questionnaire was insufficient to constitute a valid trust amendment. Read more