Trusts and Estates Section

Cite as B339383Filed December 20, 2024Second District, Div. Seven By Michelle Barnett BatistaAaron, Riechert, Carpol & Riffle, APCwww.arcr.com Headnote:  Trust Litigation – Lis Pendens – Real Property Claim Summary:  Petition seeking a change in trustee of a trust that holds real property constitutes a real property claim within the meaning of Code of Civil Procedure section 405.4. Arthur amended his trust to name his caregiver, Neneth, as trustee and sole beneficiary.  Following Arthur’s death, his daughter, Lucy, filed a petition… Read more

Listen Here The aftermath of the trust litigation brought by beneficiaries against trustees too often results in a malpractice claim against the drafting lawyer.  Listen to Sean McKissick and Kristin Yokomoto discuss the 1958 balancing test applied to lawyer malpractice cases and the messages from the courts in recent cases. About Our Guest: Sean McKissick is a partner at Downey Brand LLP in Sacramento, California, where he specializes in trust and estate litigation.  He serves as the Vice Chair of… Read more

Cite as G064034Filed November 12, 2024Fourth District, Div. Three By Golnaz YazdchiSheppard Mullin Richter & Hampton LLPhttps://www.sheppardmullin.com Headnote:  Litigation – Appealability of Suspension Orders Summary: An order suspending a trustee and appointing an interim trustee is not directly appealable. Trustee and trust protector were suspended and an interim trustee was appointed pursuant to an ex parte application by the beneficiary alleging that the trustee and trust protector were conspiring to withhold funds from the beneficiary in order to enrich the trustee,… Read more

Listen Here Land Back is an Indigenous-led movement focused on returning land to Indigenous Tribes in a way that strengthens Indigenous sovereignty and communities. This episode features a discussion about how Land Back comes up in the context of estate planning and introduces key concepts for estate planners, financial advisors, and tax advisors to assist clients in taking such action.About Our Guests:Alma Soongi Beck is an attorney in  Lathrop GPM Private Client Services Practice Groups. Beck is certified as a… Read more

Cite as B330725Filed November 13, 2024Second District, Div. Seven By: Nicholas W. YangHanson Bridgett LLPhttps://www.hansonbridgett.com Headnote:  Testamentary Transfer – Unreasonable Restraint on Alienation Summary:  The prohibition against unreasonable restraints on alienation under Civil Code section 711 applies to real property transferred through testamentary instruments.  In 2018, settlor amended and restated her trust naming her three children as beneficiaries. Upon settlor’s death, the trust provided that each child was to receive, inter alia, a one-third fee simple interest in the long-time… Read more

Cite as A167695Filed October 17, 2024First District, Div. Three By: Nicholas W. YangHanson Bridgett LLPhttps://www.hansonbridgett.com Headnote: Trust Litigation – Standing to Sue Summary: Intestate heirs have standing to contest a trust even if they were never named as trust beneficiaries.  In 2013, Dr. Head passed away survived by her two sisters. Two months prior to her death, Dr. Head was hospitalized where she executed a power of attorney and an advance healthcare directive naming her former student and friend, Jendayi,… Read more

Listen Here Estate planners not only help clients plan for what happens at death. Nowadays, especially with the high divorce rates, trust and estate lawyers also need to be mindful of how certain planning will play out in the event of a divorce.  In this episode of Trust Me!, we discuss what estate planners should know about the basics of family law. About Our Guest: Vanessa Soto Nellis is a Shareholder and Chair of the Family Law Practice Group of… Read more

1.5 Participatory MCLE Credits In this presentation, David Little will describe the purpose of a Heggstad petition, the evolution of the law, practical application of a Heggstad petition, and alternatives when a Heggstad is not appropriate.  David will also provide real world examples of the uses of Heggstad petitions.  REGISTER HERE Non-Member: $112.50Member: $82.50 Speaker: David D. Little David D. Little is a partner at Donahue Fitzgerald with over 20 years’ experience practicing law and is a Certified Specialist in… Read more

Listen Here What enhanced remedies are parties entitled to recover under Probate Code section 859? Is it double damages, triple damages, or something else? There has been a district split, and now even a division split, on whether parties can receive “double damages” under Section 859. Recent case law sheds light on this issue, and the guests on this episode were counsel of record in two of those recent cases, enabling them to share key insights and an overview of… Read more

1 Participatory MCLE Credits, 1 Legal Ethics, 1 Legal Specialization in Estate Planning; Trust & Probate Law Kristin Yokomoto, Member of the CLA Trust and Estate Executive Committee (TEXCOM); Scott Garner, Vice-Chair of the CLA Ethics Committee; and Suzanne Burke-Spencer, Chair of the CLA Ethics Committee will discuss ethical violations and other acts and omissions that trust and estate planners and litigators make that can lead to malpractice exposure. They will discuss recent cases involving careless and negligent attorney actions… Read more