The unilateral fee shifting provision in the financial elder abuse statute (Welf. & Inst. Code section 15657.5(a)) does not bar prevailing defendants from obtaining cost-of-proof fees incurred in proving true facts that plaintiff refused to admit in discovery without any reasonable basis under Code of Civil Procedure (“CCP”) section 2033.420. Read more
This episode explores how community property interests are identified, asserted, and litigated in post-death trust and estate administrations. Read more
In this episode, guest, James Ulwelling and host, Ben Schwefel, will discuss partition actions, co-ownership conflicts, lis pendens (notice of pendency of action), and practical strategies for resolving real property disputes that arise in trust and estate administrations. Read more
Mismanagement under Probate Code sections 8402(a)(3) and 8502(a) includes pre-appointment conduct that badly, improperly, or unskillfully handles an estate asset and may result in denial of appointment of a named executor. Read more
In this episode, guests Jonathan Blattmachr and Martin Shenkman share their thoughts on key OBBBA provisions and the Act’s impact on estate and tax planning with host Kristin Yokomoto. Read more
Listen to host Kristin Yokomoto discuss various aspects of the CLA Trusts and Estates Section Executive Committee (TEXCOM) with guests Matthew McMurtrey and Ryka Farotte. Read more