Assembly Bill No. 1745, which passed in June 2022, amends Section 16061.8 of the California Probate Code to specify that the 120-day limitation period, in which a person may bring an action to contest a trust (upon receiving notice under Section 16061.7), only applies when a revocable trust becomes irrevocable because of the death of a settlor of the trust. Read more
Summary judgment was improper where the presumption of natural parentage was applied without the prerequisite factual finding of cohabitation of spouses. Read more
Allegations that trustee breached fiduciary duties by using trust assets to fund meritless litigation did not arise out of protected activity. Read more
Join us for a conversation with neuropsychologist Jonathan Canick about the interplay between aging and an elder client’s capacity to execute estate planning documents. Read more
In probate of the estate of an intestate California decedent, clear and convincing evidence of a non-biological parent-child relationship established the presumption of natural parentage forming the basis of the claim of heirship, even though the parent-child relationship was effectuated outside California. Read more
A minor capable of making informed decisions has the right to petition for removal of a guardian ad litem and to retain counsel for that limited purpose. The appointment of a guardian ad litem for a minor terminates when the minor reaches the age of majority. Read more