California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

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
Summary: A general disinheritance clause suffices to express a decedent’s intent to disinherit potential heirs living at the time of execution of a will or trust, even if unknown to the decedent. Read more
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

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