California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Where a trial court decision must be supported by clear and convincing evidence, on appeal the standard of review must reflect that heightened burden of proof. Read more
Summary: California imposes income tax on the entire amount of trust income derived from California sources, regardless of whether the trustees reside in California. Read more
Summary: Unless a trust explicitly states that its revocation procedure is exclusive, a trustor can utilize the statutory method of revocation. Read more
Jose B. suffered from schizophrenia and was unwilling and unable to accept voluntary treatment. For a 10-year period starting in 2008, the Los Angeles County Public Guardian was granted a Lanterman-Petris-Short (“LPS”) conservatorship over Jose with no objection. Read more
Summary: LPS conservatees have a constitutional equal protection right not to testify against themselves in conservatorship proceedings. Read more
A court may not amend or reform a will to include a specific reference to a power of appointment in order to preserve the validity of the gift. Read more
Summary: Upon a finding of financial elder abuse, an award of attorney’s fees is mandatory regardless of whether damages are awarded. Read more
Summary: A decedent’s intent governs disposition and posthumous use of his or her stored gametic material. Read more
The full date-of-death value of a GRAT is includable in a decedent’s gross estate for federal estate tax purposes, unless the grantor divests herself of possession of, enjoyment of, or a right to income from the property, leaving no string tying her to the property. Read more
Summary: A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity. Read more

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