Trusts and Estates Case Alerts

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

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