California Lawyers Association
Trusts and Estates Case Alerts
Timely case alerts and updates from the Trusts and Estates Section
Summary: A decedent’s will can contain clear and convincing evidence to defeat the presumption of a right of survivorship to a joint tenancy account.
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Proposed LPS conservatees do not have a constitutional right to refuse to testify at their own conservatorship trials, as they are not similarly situated to, or considered, criminal defendants.
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Summary: In an action to reappoint an LPS conservator, the petitioner need not prove as an additional element that the conservatee is unwilling or unable to voluntarily accept treatment.
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Summary: The timely filing of a creditor’s claim tolls the one-year statute to bring claims against a decedent, and the creditor then has 90 days to bring suit after the rejection of a creditor’s claim, regardless of how long after the expiration of the one-year statute such rejection occurs.
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Summary: A finding of bad faith is a prerequisite to an award of double damages under Probate Code section 859 based on a theory of undue influence.
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Summary: Where the trust expressly required that amendments be made by a signed writing, handwritten interlineations on a trust instrument did not constitute a valid amendment because they were not signed.
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Summary: The statutory time limit for commencement of a jury trial following a proposed conservatee’s demand is not mandatory, and failure to commence trial within statutory confines is not grounds for earlier expiration of the conservatorship.
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Summary: LPS Conservatee’s appeal of denial of right to jury trial deemed untimely and substantial evidence supported order for involuntary medication.
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Summary: In an action to reappoint an LPS conservator, the petitioner need not prove as an additional element that the conservatee is unwilling or unable to voluntarily accept treatment.
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Summary: Future Distributions of Trust Principal May be Subject to Judgment Creditors When Due and Payable, Regardless of When Petition To Enforce is Filed.
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