Trusts and Estates Section

Attorneys’ fees properly denied to party in dissolution proceedings on needs-basis, where the party over litigated the case and failed to show reasonable grounds to appeal. Read more

Many elders who need support with their activities of daily living want to remain in their homes as long as possible. How can caregivers be hired and paid in compliance with the law? What do California trust and estate lawyers need to know to advise their clients? Read more

Mildred and James created a trust and named their children as remainder beneficiaries. Their two eldest daughters, Lynne and Gail, were to receive $200,000 from the revocable survivor’s trust and the residue was to be divided equally between their youngest two daughters. James died in 2006. In 2015, after receiving a notice by trustee and copy of the trust, Lynne filed a petition to remove Mildred as trustee and to declare the trust instrument a forgery. Following a 13-day court trial on the bifurcated forgery claim, the court determined that the trust instrument was not a forgery. Read more

In this episode, our guest Michael DiBernardo will be diving into the exciting world of fiduciary income taxation. This episode is geared towards practitioners who don’t deal with trust income tax rules on a daily basis. Read more

Party may waive rights as surviving spouse by agreement if circumstances indicate the parties intended it to be a complete property settlement. Read more

Attorney Stefanie M. Bennett has devoted her practice to representation of minors in judicial proceedings. Read more

Currently pending before the California Supreme Court in Haggerty v. Thornton is the question of whether the language set forth in Probate Code 15402, “[u]nless the trust instrument provides otherwise”, means a trust may be amended by any available method of revocation unless the method of amendment set forth in the trust is “expressly exclusive”, or whether it means that if the trust specifies any method of amendment, that particular method must be followed. Read more

LPS conservatees are similarly situated to persons found not guilty by reason of insanity for purposes of the right against compelled testimony. Read more

Party that fails to read agreement and consult with their attorney prior to signing is not entitled to rescind agreement based on unilateral mistake of fact as to the contents. Read more

People v. Sanchez drastically changed the testimony and evidence that experts can give during trial. Read more