Trusts and Estates Case Alerts

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

Transferring real properties from a corporation to a revocable trust resulted in a reassessment of the properties because the trust and corporation did not have identical ownership. Read more

A direct contest of an original trust instrument resulted in forfeiture under an amendment that did not contain a no contest clause because the assets the challenger sought to inherit pursuant to the amendment were given under the original trust instrument. Read more

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 principal’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