Trusts and Estates Case Alerts

A minor capable of making informed decisions has the right to petition for removal of a guardian ad litem and to retain counsel for that limited purpose.  The appointment of a guardian ad litem for a minor terminates when the minor reaches the age of majority. Read more

Probate Code section 850, which authorizes the return of real or personal property,  may not be used to obtain documents and communications. Read more

Years after judgment was renewed, it was corrected nunc pro tunc to state the judgment debtor’s representative capacity. Read more

There is no blanket prohibition that categorically bars an heir from intervening as a matter of right in a lawsuit filed by a personal representative in a wrongful death suit. Read more

A California personal representative must reside in the United States, and having many contacts with the U.S., including maintaining bank accounts, doctors, and frequent visits, is not sufficient to qualify as a resident. Read more

Court can enforce settlement agreement with implied condition precedent that has not yet materialized. Read more

Beneficiary was determined predeceased for filing a direct trust contest outside the 120-day period following trustee notification where her unexcused late filing constituted lack of probable cause. Read more

A financial elder abuse claimant may not obtain a pretrial writ of attachment for prospective punitive damages or statutory penalties, including double and treble damages. Read more

Attorneys’ fees properly denied to party in dissolution proceedings on needs-basis, where the party over litigated the case and failed to show reasonable grounds to appeal. Read more

LPS conservatorship petitions must proceed to a statutory hearing before trial unless the proposed conservatee waives the hearing and demands trial before the hearing, but the proposed conservatee does not have to demand trial until five days following the completed statutory hearing. Read more