Trusts and Estates Case Alerts

Substantial evidence supported the trial court’s finding of elder abuse, and the award of double damages for elder financial abuse without a separate finding of bad faith was proper. Read more

Summary: Beneficiaries who receive notice of court-ordered mediation and fail to participate are bound by the result. Read more

Summary: In determining whether a change in ownership that requires reassessment of real property has occurred the inquiry is focused on the transfer of the beneficial, or equitable, ownership of the property, not the transfer of legal title. Read more

Summary: The trial court improperly dismissed for lack of exclusive jurisdiction of the probate court where the decedent’s trust no longer held the property in dispute and his probate had closed in another county 27 years ago. Read more

Summary: The court lacks authority to require a conservatee to receive a visitor against her will and over the objection of the conservator. Read more

Summary: The term “stock” includes all classes of stock for purposes of determining whether a transfer of ownership has occurred. Read more

Summary: Substantial evidence supported the imposition of a limited conservatorship, even under the clarified standard of review for findings requiring clear and convincing evidence Read more

There is no statutory requirement that the court make an express finding of a conservatee’s decisional incapacity if substantial evidence exists to support the need for involuntary medication, and psychologists may opine on the need for medication. Read more

Summary: The causation element of an intentional interference with expected inheritance claim does not shift the burden of proving capacity to the plaintiff. Read more

California courts have case-linked personal jurisdiction over out-of-state trustees and beneficiaries who have purposefully availed themselves of forum benefits, where the controversy relates to the respondents’ contacts with the forum, and where the exercise of jurisdiction comports with fair play and substantial justice. Read more