Trusts and Estates Case Alerts

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

Summary: The trial court improperly dismissed for lack of exclusive jurisdiction of the probate court where the decedent’s trust no longer held the property in dispute and his probate had closed in another county 27 years ago. Read more

Summary: The court lacks authority to require a conservatee to receive a visitor against her will and over the objection of the conservator. Read more