Trusts and Estates Case Alerts

Summary: Assets in a qualified special needs trust are subject to mandatory payback to the State from the trust’s remainder upon the beneficiary’s death for medical expenses incurred on the beneficiary’s behalf, regardless of whether the beneficiary was under 55 years of age when she received Medi-Cal benefits. Read more

Summary: The Due Process Clause of the Fourteenth Amendment prohibits states from taxing trusts based solely on the in-state residency of trust beneficiaries. Read more

Summary: Administrator removed for 15-year intentional delay in selling estate property and winding up estate affairs, and for bad faith conduct against heirs. Read more

Summary: A living trust may be considered a “person” for purposes of a partnership, and may associate in a partnership in place of an individual. Read more

Summary: No contest clauses are enforceable against both contestants and respondents in a trust contest, depending on the circumstances; the anti-SLAPP statute applies to no-contest-clause-enforcement petitions, but the litigation privilege may not be used to defeat them. Read more

Summary: Biological Child of a Decedent Who Died Intestate Has No Standing to Pursue a Wrongful Death Action Where Status as Intestate Heir Cannot Be Established. Read more

Summary: Although the insurance company rejected as technically insufficient the trustor’s beneficiary designation forms naming the trustee as the owner of the policy, the trustor had nevertheless properly gifted the policy to the trust and relinquished all rights to change the beneficiaries. Read more

Summary: German birth certificates offered to show relationship to decedent excluded from evidence due to lack of attestation. Read more

Summary: Trial Court Ruling Imposing Limited Conservatorship Upheld On Appeal Where Finding Was Supported by Substantial Evidence Read more

Summary: Under the Elder Abuse Act, any person age 65 or older has standing to petition for a restraining order against an individual alleged to have engaged in abusive conduct, as defined by statute, even if there is no special relationship between the alleged abuser and victim, such as a caretaking or custodial relationship. Read more