We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may…
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Charities sometimes spar over entitlement to bequests and other planned gifts. Occasionally, their disagreements become epic legal battles that span many years.
In Breathe Southern California v. American Lung Association…
Dementia casts a long shadow in California trust and estate litigation. Contestants claim that an elder with dementia lacked sufficient mental capacity to make an estate planning change, or that dementia…

He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality
It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown”…
When does a California estate planning attorney owe a duty of care to people other than the client? Planners can breathe easier after a recent appellate ruling. The court clarified…

Cohabitation Required for “Marital Presumption” to Bar Heirship
Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed…

Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think
This blog has devoted a lot of real estate to the use of anti-SLAPP motions in California trust and estate litigation. Though the courts’ treatment of such motions is varied…

California Courts Should Prioritize Hearings on Elder Abuse Restraining Orders
A recent California appellate opinion provides guidance on the interplay between applications for elder abuse restraining orders and special motions to strike (also known as anti-SLAPP motions). The opinion tells…
As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company…

Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate
Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die…
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About this Blog
Welcome to our trust and estate litigation blog. Inheritance disputes are on the rise nationally as the baby boomers age and wealth passes from one generation to the next. This is high-stress litigation, often pitting sibling against sibling or second spouse against step-children.