Trusts and Estates Case Alerts

A demurrer may be filed any time at or before the initial hearing in a probate case. Read more

Leslie Knoles (Decedent) and Ruth Catello (Catello) co-owned real property originally as joint tenants with rights of survivorship.  A few weeks before her death, Decedent recorded a quitclaim deed she had granted to herself that, if valid, severed the joint tenancy and created a tenancy in common with no right Read more

Summary:  Order appointing Public Guardian as LPS conservator and authorizing Public Guardian to place conservatee in a psychiatric, nursing, or other state-licensed facility improperly delegated to the Public Guardian the duty to designate the least restrictive alternative placement for the conservatee. Read more

An elder abuse restraining order (EARO) may issue without adjudication of the elder’s capacity, and an attorney’s fee agreement constitutes a property right the deprivation of which constitutes financial elder abuse. Read more

Petition for construction and reformation of a trust amendment was not a contest where the petition sought to reform the trust to correct an alleged mistake as to trustor’s intent.   Read more

A trustee of a testamentary trust has standing to file a petition in an estate proceeding since the trustee is a devisee under the will. Read more

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