Trusts and Estates Section

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

Summary: A finding of bad faith is a prerequisite to an award of double damages under Probate Code section 859 based on a theory of undue influence. Read more

Summary: Where the trust expressly required that amendments be made by a signed writing, handwritten interlineations on a trust instrument did not constitute a valid amendment because they were not signed. Read more

Summary: The statutory time limit for commencement of a jury trial following a proposed conservatee’s demand is not mandatory, and failure to commence trial within statutory confines is not grounds for earlier expiration of the conservatorship. Read more

Summary: LPS Conservatee’s appeal of denial of right to jury trial deemed untimely and substantial evidence supported order for involuntary medication. 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

Join us for The Forty Third Annual Fall Program on Friday, October 25, 2019 in Loma Linda. We have a panel of remarkable speakers and you don't want to miss out! Read more