Trusts and Estates Case Alerts

Bank owed law firm a duty of care based on the special relationship it had with the law firm as an intended beneficiary of a court-ordered estate blocked account. Read more

A personal representative may not represent the estate in propria persona even in the probate action on claims pursued for the benefit of the estate’s beneficiaries. Read more

Complaint that named trust, rather than trustee, as plaintiff did not deprive court of fundamental jurisdiction and trial court abused its discretion in denying leave to file an amended complaint substituting trustee as the plaintiff. Read more

Extrinsic evidence is admissible to determine whether a document was intended as a will even when the terms are unambiguous. Read more

Persons who hold estate property or receive it on or after the date of death are personally liable for unpaid estate taxes on that property. Read more

Trial court abused its discretion by applying the wrong legal standard when it defined “special needs” more narrowly than allowed under the trust instrument and special needs trust law in general. Read more

A settlor must follow the modification method set forth in the trust for an amendment to be valid. Read more

The Probate court has the power to appoint persons to protect a conservatee’s interests and the power to deny appointment of proposed conflicted counsel as conservatee’s independent counsel. Read more

Special administrator had discretion to pay statutory fee earned by administrator’s attorney to third-party judgment creditor in partial satisfaction of attorney’s judgment debt. Read more

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