Trusts and Estates Section

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

Cite as D083713Filed August 21, 2024Fourth District, Div. Four By Golnaz YazdchiSheppard Mullin Richter & Hampton LLP https://www.sheppardmullin.com Headnote: Estate Litigation – Omitted Child Summary: To inherit a share of a parent’s estate as an omitted child, the child must show that the sole reason for omission was that the testator was unaware of the child’s birth. Williams fathered seven children, five of whom were born out of wedlock and two of whom were the result of a marriage. Williams… Read more

Listen Here Haggerty vs. Thornton is a case that made its way to the California Supreme Court with an eagerly anticipated decision. This case concerns an area of law that is of great interest to planners, administrators, and litigators: the method of amending trust and whether the method of revocation can be considered the same as the method of amendment.About Our Guests:Jennifer Campbell is a partner at Carlin and Peebles LLP in Southern California. She focuses her practice on estate planning… Read more

Cite as B329459Filed September 4, 2024Second District, Div. Six By Michelle Barnett BatistaAaron, Riechert, Carpol & Riffle, APCwww.arcr.com Headnote:  Legal Malpractice – Duty of Care to Nonclients Summary:  Estate planning attorney did not owe duty of care to client’s heirs because client’s intent to benefit heirs in the estate plan was not clear, certain, and undisputed.  In 2011, Richard met with his attorney, John, regarding changes to his estate plan.  Richard instructed John that he wanted to leave his entire… Read more

When does a trust beneficiary’s cooperation with a trustee to modify, reform, or decant a trust become a taxable gift by that trust beneficiary? Read more

There are many things to consider when choosing a trustee or successor trustee for a trust. The trustee will face a number of challenges over the course of their service and will need to plan ahead to avoid the inevitable pitfalls.  Read more

The penalty in Probate Code section 859 for damages double the value of the trust property is in addition to the remedy in Probate Code section 856 for return of the trust property, and the penalty may be awarded to the individual who brought the action.   Read more

A corporation’s contractual obligation to redeem shares is not necessarily a liability that reduces a corporation’s value for purposes of the federal estate tax.   Read more

The one year statute of limitations on claims arising from a decedent’s promise to make a distribution does not apply to claims for distribution under a valid trust amendment. Read more