Trusts and Estates Case Alerts

Laura petitioned for an elder abuse restraining order (EARO) against Debra based on her efforts to unduly influence Thomas, Laura’s father, including the procurement of a trust amendment disinheriting Thomas’s biological children. In requesting the EARO, Laura indicated the abuse was “solely financial” while also asserting that the harm to Thomas included “confusion and distress.” Read more

Probate Code Section 259 limits what an abuser can receive from a trust, will, or by the laws of intestacy but does not expand the rights of others or create a rule for interpreting provisions of a trust document. Read more

Cite as A162222Filed February 24, 2022, First District, Div. Three By Jaime B. HerrenHolland & Knight LLPwww.hklaw.com Headnote: Trust Amendment – Available Methods Summary: Because the trust described a method of amendment that was the exclusive means of amendment available to the settlors, the trust amendment was invalid for failure to comply with that exclusive method. Mary and Sal C. amended their revocable trust the day before Sal C. died.  The amendment was not notarized despite that the trust required any amendment, revocation… Read more

Under prior law applicable to persons who died before January 1, 2017, property held by a decedent and transferred to heirs through a revocable trust was subject to reimbursement for Medi-Cal benefits. Read more

Trial court did not improperly induce LPS conservatee to waive jury trial by stating that she could have a court trial immediately or wait nine months for a jury trial, and the conservatee’s waiver was knowing and intelligent even though she was not specifically advised that she, through counsel, had the right to participate in jury selection. Read more

Where an elder is both beneficiary and personal representative, she has standing to bring an individual action for financial elder abuse regarding injury arising from an estate transaction impairing her individual interest in the estate. Read more

Counsel for proposed conservatee may waive client’s right to have the matter of establishment or reestablishment of LPS conservatorship decided by jury trial, absent circumstances suggesting counsel lacked actual authority, counsel disregarded proposed conservatee’s wishes, or proposed conservatee was actually unaware of right to a jury trial. Read more

Trustee provided sufficient evidence that his no contest petition had minimal merit to defeat beneficiary’s anti-SLAPP motion because under the former no contest law a petition challenging a trustee’s investment decisions can amount to a contest since it seeks to impair provisions in the trust giving the trustee discretion to manage trust assets. Read more

Because the trust did not make the described method of revocation and amendment the exclusive method, statutory methods of amendment were available to the settlor Read more

A conservatee has no duty to investigate representations of fact in a conservator’s account, unless the conservatee becomes aware of facts from which a reasonably prudent person would suspect wrongdoing. Read more