California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Probate Code section 850, which authorizes the return of real or personal property,  may not be used to obtain documents and communications. Read more
Years after judgment was renewed, it was corrected nunc pro tunc to state the judgment debtor’s representative capacity. Read more
There is no blanket prohibition that categorically bars an heir from intervening as a matter of right in a lawsuit filed by a personal representative in a wrongful death suit. Read more
A California personal representative must reside in the United States, and having many contacts with the U.S., including maintaining bank accounts, doctors, and frequent visits, is not sufficient to qualify as a resident. Read more
Court can enforce settlement agreement with implied condition precedent that has not yet materialized. Read more
Beneficiary was determined predeceased for filing a direct trust contest outside the 120-day period following trustee notification where her unexcused late filing constituted lack of probable cause. Read more
A financial elder abuse claimant may not obtain a pretrial writ of attachment for prospective punitive damages or statutory penalties, including double and treble damages. Read more
Attorneys’ fees properly denied to party in dissolution proceedings on needs-basis, where the party over litigated the case and failed to show reasonable grounds to appeal. Read more
LPS conservatorship petitions must proceed to a statutory hearing before trial unless the proposed conservatee waives the hearing and demands trial before the hearing, but the proposed conservatee does not have to demand trial until five days following the completed statutory hearing. Read more
Mildred and James created a trust and named their children as remainder beneficiaries. Their two eldest daughters, Lynne and Gail, were to receive $200,000 from the revocable survivor’s trust and the residue was to be divided equally between their youngest two daughters. James died in 2006. In 2015, after receiving a notice by trustee and copy of the trust, Lynne filed a petition to remove Mildred as trustee and to declare the trust instrument a forgery. Following a 13-day court trial on the bifurcated forgery claim, the court determined that the trust instrument was not a forgery. Read more

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