Trusts and Estates Section

Where the decedent kept a “permanent record” listing lifetime gifts to his children, the gifts were properly treated as advances on inheritance and deducted from at-death transfers under the trust. Read more

Summary: A decedent’s will can contain clear and convincing evidence to defeat the presumption of a right of survivorship to a joint tenancy account. Read more

Proposed LPS conservatees do not have a constitutional right to refuse to testify at their own conservatorship trials, as they are not similarly situated to, or considered, criminal defendants. Read more

Panelists will address the applicable law and procedures for suspension and removal of Trustees. Read more

Summary: In an action to reappoint an LPS conservator, the petitioner need not prove as an additional element that the conservatee is unwilling or unable to voluntarily accept treatment. Read more

On November 6, 2019, Herbert A. Stroh, representing the Trusts and Estates Section Executive Committee (TEXCOM) of the California Lawyers Association (CLA), appeared before the California Supreme Court to argue CLA’s first case as amicus curiae in Barefoot v. Jennings. The case turns on an issue of standing which will have a significant impact on trust litigation in California. In its amicus brief, TEXCOM aimed to assist the Supreme Court in understanding the nature of trust contests, the applicable law, and the practical effects of conferring or denying standing to people who wish to challenge modifications to a trust that have the effect of disinheriting them. Read more

Short summary: Increases the value of a decedent’s estate that can pass without probate under the small estate provisions; provides for automatic increases in the amount that will transfer under the small estate provisions based on a consumer price index; and gives the court discretion to excuse a person who erroneously received property under these provisions from payment of interest to the rightful owner, if a person acted in good faith. Read more

Summary: The timely filing of a creditor’s claim tolls the one-year statute to bring claims against a decedent, and the creditor then has 90 days to bring suit after the rejection of a creditor’s claim, regardless of how long after the expiration of the one-year statute such rejection occurs. Read more

Following a person’s death, individuals are faced with a multitude of issues relating to handling of the remains. For some, the challenges in dealing with these responsibilities are overburdensome and the least of their concerns. For others, it is a welcome distraction. Read more

Property characterization is frequently among the most hotly contested issues when a marriage ends in divorce. However, it is often glossed over when a marriage is instead ended by death. This program examines the authority relating to property characterization in the postmortem setting, including legislative history which reveals that the rules are not as clear-cut as some would believe. Read more