Trusts and Estates Case Alerts

To unilaterally sever a joint tenancy interest by way of a will, the language must express a clear and unequivocal intent to sever the joint tenancy, and be recorded. Read more

The community property presumption of Family Code 760 prevails over title only in actions between spouses, but after death the title presumption applies. Read more

An agent under a power of attorney has a fiduciary relationship to the principal when acting thereunder, and must account for funds controlled during the agency; there is no right to an evidentiary hearing where there is no offer of proof of contested factual issues. Read more

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