California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Trustee provided sufficient evidence that his no contest petition had minimal merit to defeat beneficiary’s anti-SLAPP motion because under the former no contest law a petition challenging a trustee’s investment decisions can amount to a contest since it seeks to impair provisions in the trust giving the trustee discretion to manage trust assets. Read more
Because the trust did not make the described method of revocation and amendment the exclusive method, statutory methods of amendment were available to the settlor Read more
A conservatee has no duty to investigate representations of fact in a conservator’s account, unless the conservatee becomes aware of facts from which a reasonably prudent person would suspect wrongdoing. Read more
To unilaterally sever a joint tenancy interest by way of a will, the language must express a clear and unequivocal intent to sever the joint tenancy, and be recorded. Read more
The community property presumption of Family Code 760 prevails over title only in actions between spouses, but after death the title presumption applies. Read more
An agent under a power of attorney has a fiduciary relationship to the principal when acting thereunder, and must account for funds controlled during the agency; there is no right to an evidentiary hearing where there is no offer of proof of contested factual issues. Read more
The court cannot delegate to the public guardian its discretion to determine whether compensation to the public guardian and its counsel would pose an economic hardship to the conservatee. Read more
The proposed conservatee’s inability or unwillingness to accept treatment voluntarily is not a necessary prerequisite to the establishment of LPS conservatorships. Read more
A successor-in-interest affidavit may be filed after commencing or continuing a suit as a decedent’s successor-in-interest. Read more
Assets of a spendthrift trust may be reached for payment of attorney’s fees and costs in marital dissolution proceedings where the trustee is joined as a party, and separately for child support orders. Read more

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