Trusts and Estates Section

There is no blanket prohibition that categorically bars an heir from intervening as a matter of right in a lawsuit filed by a personal representative in a wrongful death suit. Read more

A California personal representative must reside in the United States, and having many contacts with the U.S., including maintaining bank accounts, doctors, and frequent visits, is not sufficient to qualify as a resident. Read more

Conservatorship 101 will review the different types of conservatorships, some basic alternatives to conservatorships, situations where a conservatorship is necessary, and walks through the procedures to have a client appointed as conservator. Read more

The Uniform Partition of Heirs Property Act was drafted to address perceived abuse in partition actions leading to a loss of equity in inherited property, especially among lower-income parties. According to the Uniform Law Commission, the Act has been enacted by twenty-one states, including California. Read more

Beneficiary was determined predeceased for filing a direct trust contest outside the 120-day period following trustee notification where her unexcused late filing constituted lack of probable cause. Read more

There’s a lot of talk about student loan debt and the rising cost of college education. One tax effective solution for clients who want to help their children or grandchildren with this rising cost is a 529 plan. Read more

A financial elder abuse claimant may not obtain a pretrial writ of attachment for prospective punitive damages or statutory penalties, including double and treble damages. Read more

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