California Lawyers Association

Trusts and Estates Case Alerts

Timely case alerts and updates from the Trusts and Estates Section

Absent express authority under a power of attorney, an attorney-in-fact may not create a survivorship interest in the principal’s funds by depositing funds into a joint account, of which the attorney-in-fact is a joint owner. Read more
The narrow probate exception did not apply to strip the federal court of jurisdiction over an in personam breach of contract action brought after disallowance of a creditor's claim even though valuing the estate would be necessary to compute an award of damages.  Read more
The successor trustee was properly surcharged the amount of attorneys’ fees that he paid using trust assets to defend a contest as to the validity of the final amendment to the trust. Read more
Where there is no extrinsic evidence regarding the testators’ intent, courts exercise their independent judgment in interpreting bequests.   Read more
Arbitration agreement was not valid and enforceable against successors-in-interest to a decedent who was without capacity to consent to arbitration when he executed the contract.  Read more
Where an estate planning attorney drafted for the client a trust amendment to disinherit specified grandchildren, the client’s other family members could not sue that attorney for legal malpractice for subsequently drafting LLC operating agreements that permitted the disinherited grandchildren from receiving interests in the LLCs through inter vivos gifts. Read more
Summary judgment was improper where the presumption of natural parentage was applied without the prerequisite factual finding of cohabitation of spouses.  Read more
Allegations that trustee breached fiduciary duties by using trust assets to fund meritless litigation did not arise out of protected activity. Read more
Where the trustee applied for an elder abuse restraining order (“EARO”), and the defendants responded with an anti-SLAPP motion, the court properly denied the anti-SLAPP motion but abused its discretion by declining to hear the EARO until after the anti-SLAPP motion. Read more
In probate of the estate of an intestate California decedent, clear and convincing evidence of a non-biological parent-child relationship established the presumption of natural parentage forming the basis of the claim of heirship, even though the parent-child relationship was effectuated outside California. Read more

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