California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Probate court exceeded its statutory authority under Welfare and Institutions Code section 15657.03 by issuing order declaring deed void ab initio in elder abuse restraining order proceeding. Read more
A skilled nursing facility cannot compel arbitration of claims arising from a principalā€™s alleged maltreatment, pursuant to a contract signed by a health care agent. Read more
Failure to comply with the requirement in newly enacted Welfare and Institutions Code section 5350, subdivision (d)(2), that trial must begin within ten days of demand is discretionary, not mandatory, grounds for dismissal. Read more
The statutory method of revocation is available as a method of trust modification unless the trust expressly limits method of modification. Read more
Petition to Determine Entitlement to Distribution of Estate ā€“ Rights of Assignee Read more
Where no probate estate is opened and the trustee does not elect the optional trust claims procedure, a creditor may file suit to recover on a settlorā€™s debt from the trust estate without first having to proceed against the settlorā€™s probate estate. Read more
A civil complaint was ā€œan action to contest a trustā€ within the meaning of Probate Code section 16061.8 because ā€œthe practical effectā€ of the complaint was a challenge to the validity of the trust instrument, and it was therefore subject to the 120-day deadline. Read more
Caregiver that received free room and board in exchange for care services qualified as a care custodian and the decedentā€™s donative gift to her was subject to presumption of fraud or undue influence. Read more
Monetary sanctions were properly awarded in connection with a conservatorā€™s motion to quash a subpoena that was overbroad, violative of the conservateeā€™s privacy rights, and issued for an improper purpose. Ā  Read more
A stepchild may establish a right to intestate succession where the decedent receives the child into their home and openly holds out the stepchild as their natural child. Read more

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