California Lawyers Association

Trusts and Estates Section

Updates and events from the Trusts and Estates Section

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 “Strategic Lawsuit Against Public Participation,” or SLAPP suit, is a court filing complaining of injury as a result of petitioning the court or free speech activity. A SLAPP suit is controversial. 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
Join us for the 3rd Annual Financial Elder Abuse Symposium. 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
Lisa Piehl, the Program Manager of the Estate and Gift Tax Policy Division of the Internal Revenue Service (IRS), will be addressing updates related to estate and gift tax matters within the IRS. She will also detail what happens to estate tax returns (Form 706) and gift tax returns (Form 709) once it’s submitted to the IRS. 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

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