Trusts and Estates Case Alerts

The court cannot delegate to the public guardian its discretion to determine whether compensation to the public guardian and its counsel would pose an economic hardship to the conservatee. Read more

The proposed conservatee’s inability or unwillingness to accept treatment voluntarily is not a necessary prerequisite to the establishment of LPS conservatorships. Read more

A successor-in-interest affidavit may be filed after commencing or continuing a suit as a decedent’s successor-in-interest. Read more

Assets of a spendthrift trust may be reached for payment of attorney’s fees and costs in marital dissolution proceedings where the trustee is joined as a party, and separately for child support orders. Read more

The estate of a beneficiary has standing to demand an accounting; where there are disputed issues of fact the court may not dismiss without an evidentiary hearing. Read more

Where a testator’s belief, even if irrational or unfounded, is drawn from facts which are shown to exist, the testator was not acting under an insane delusion Read more

A conservatorship petitioner is not entitled to attorneys’ fees where a conservator is not appointed. Read more

Substantial evidence supported the trial court’s finding of elder abuse, and the award of double damages for elder financial abuse without a separate finding of bad faith was proper. Read more

Summary: Beneficiaries who receive notice of court-ordered mediation and fail to participate are bound by the result. Read more

Summary: In determining whether a change in ownership that requires reassessment of real property has occurred the inquiry is focused on the transfer of the beneficial, or equitable, ownership of the property, not the transfer of legal title. Read more