Trusts and Estates Section

Summary:  A claim for intentional interference with expected inheritance (IIEI) failed where it was alleged that a trustor was prevented from executing a trust amendment with a revised distributive scheme, because the beneficiary had standing to seek relief in probate court and thus an had an adequate probate remedy. Read more

This article examines the tax-efficient strategies for leaving retirement accounts to charity, emphasizing why traditional IRAs are typically the optimal asset for charitable bequests following recent SECURE Act changes.  Read more

Intended beneficiaries of charitable trust had special interest standing to sue to enforce charitable trust.   Read more

New laws were enacted in 2025 that will affect California trusts and estates practitioners on January 1, 2026. Read more

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

Elder Abuse Act demands both a high level of culpability and sufficiently detailed allegations demonstrating it. 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

California Comprehensive Virtual Representation For Trusts Begins January 1, 2026 Read more