California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

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
Summary: Trustees representing themselves do not engage in the unauthorized practice of law in probate matters not involving third parties. Read more
Summary: The trial court is not required to employ an effectiveness test before awarding attorneys’ fees and costs to the Attorney General in a charitable trust enforcement action. Read more
Summary: A person who misappropriates estate property in bad faith must return the property, plus pay twice the property’s value as a separate penalty. Read more

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