Tyson Hubbard and I launched this blog in November 2015, and today’s post will be number 200. As the years have passed, my colleagues and I have written about new California probate cases and legislation, and mused on perennial sources of conflict.
One of our first posts forecast the rising tide of trust and estate
Earlier this month, a Michigan jury considered whether handwriting in a spiral notebook found under a couch cushion at singer Aretha Franklin’s home constituted her valid last will. Franklin had written and signed the four-page document, and dated it “3/31/14,” but it was not signed by any witness. A six-person jury deemed the 2014 will
Independence Day invites reflection on another form of freedom. How do we respect the autonomy of California’s elders who experience progressive forms of dementia while protecting them from potential abuse and other harm? Elders want to develop new relationships, remain in their homes, and drive their cars. Loved ones may question those choices.
We’ve blogged
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 involve jewelry, paintings, photos, firearms, furniture, saddles, vehicles, table settings – and yes, even a bobble head!
My colleague Kim McGhee recently hosted a fun
Financial powers of attorney give the named agent broad control over the principal’s assets and thus are a key component of estate planning. Such powers allow the agent to help if and when the principal becomes incapacitated. A corrupt agent, however, may use powers of attorney as a “license to steal.”
Agents who favor themselves may end up in hot water, accused of breach of fiduciary duty. That’s the lesson of Pool-O’Connor v. Guadarrama (2023) ___ Cal.App.5th ___, a case involving an agent who wrongfully used a joint account to handle his uncle’s money.
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 (2023) 88 Cal.App.5th 1172 , two former affiliates fought over the allocation of three bequests. The local organization prevailed, but only after two trips to the California Court of Appeal – that’s a long time to hold your breath.
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 left the elder highly vulnerable to undue influence.
The Alzheimer’s Association, in its annual Alzheimer’s Disease Facts and Figures, provides valuable information for lawyers, both planners and litigators. The Association released its 2023 report on March 15. I’ll share pertinent highlights in this post.
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 the limits on legal malpractice claims brought by nonclients.
In Gordon v. Ervin, Cohen & Jessup LLP (2023) 88 Cal.App.5th 543, the court explained that a client’s intent to benefit a nonclient must be clear, certain and undisputed in order for the lawyer to owe a duty to the nonclient. If the facts are ambiguous, the nonclient cannot sue the lawyer for malpractice.
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, ChatGPT has grabbed headlines over the last two months.
Artificial intelligence, including chatbots, has myriad applications in the practice of law. AI no doubt will generate extensive online content readily visible when lawyers and litigants conduct quick online research using search engines like Google. How good, then, is the current version of ChatGPT? I asked the chatbot to write a post about undue influence, a common issue in California trust and estate litigation and the subject of many Trust on Trial posts.
California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults. For background, see our prior post.
Senate Bill 1279, effective January 1, 2023, clarifies and improves the rules governing the selection of guardians