When are delusions enough to invalidate an estate plan? The California Court of Appeal addressed that issue earlier this month in Eyford v. Nord (2021) ___ Cal.App.5th ___.
The case involves a 90-year-old woman who favored a charity and disinherited the two grandchildren with whom she had been close. The appellate court found that California Probate Code section 6100.5(a)(2) requires proof of a “mental health disorder” in addition to a delusion that caused the questioned testamentary disposition. The opinion provides a guidepost for California lawyers who litigate contests arising from alleged delusions.
Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to administer their trust as the successor trustee, the daughter may be unsure whether she can use trust money to hire a lawyer to help her deal with demands and complaints from her brother.
A common misperception of trusts is that they are legal entities that, like corporations, can hold title to real estate and other property. A new California appellate decision, 
A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of California 
The 
One of the first steps before filing a lawsuit is to decide which court has jurisdiction over it and where it is properly venued. It’s a significant choice – not only for strategic reasons, but also because a poor selection may prove fatal to the lawsuit. Such a hefty decision is not always an easy one. The concepts of “jurisdiction” and “venue” can often be confused and tangled, even by experienced lawyers and judges. In the probate context, there can moreover exist extra layers of complexity that can torment a plaintiff who simply wants to vindicate his or her rights.
As we enter the New Year, it’s a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an estate planner will help you review your plan in light of tax and other changes in the legal landscape, as well your evolving personal circumstances.
What court should hear a dispute over a California trust? I briefed this question last month when a judge questioned if a case should instead be adjudicated in neighboring states. Such jurisdiction issues come up occasionally given the mobility of family members with interests in trusts.
Getting a civil or probate case to trial in California can take a long time. The pandemic has backed up many courts given that criminal and civil trials starting in March 2020 were postponed. While most California trust and estate disputes do not require juries, a multi-day court trial remains a challenge in a pandemic world. If done virtually, how will witnesses testify and how will exhibits be handled?