Category: Charitable Trusts

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Who Can Oversee Revocable Charitable Trusts?

Narcotics Anonymous established a revocable trust to manage its literature and other intellectual property assets for the benefit of its many members.  A “regional delegate group” filed a petition in Los Angeles probate court claiming that the trustee was breaching its fiduciary duties. The California Court of Appeal, in Autonomous Region of Narcotics Anonymous v. … Continue Reading

Court May Compel Mediation of California Trust Disputes

(Editor’s Note: This post has been updated following the Court of Appeal’s opinion after rehearing on April 5, 2021, and the Supreme Court’s subsequent denial of review or depublication.) Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In … Continue Reading

Another Shiner – Court Confirms Hefty Fee Award to California Attorney General in Breach of Charitable Trust Action

In California, the Attorney General oversees charitable trusts.  This responsibility includes bringing legal actions against trustees who breach their fiduciary duties.  Government Code section 12598 provides that the Attorney General is entitled to recover from a defendant all reasonable attorney’s fees and actual costs incurred in an action to enforce a charitable trust.  But what … Continue Reading

Anti-SLAPP Case Features Arm Wrestling Siblings and a Prep School

California’s anti-SLAPP statute has generated another published case for trust and estate lawyers to ponder.  Last week, in Urick v. Urick (2017) 15 Cal.App.5th 1182, the California Court of Appeal confirmed that anti-SLAPP motions can be used to attack petitions to enforce no contest clauses. The opinion reminds California trust and estate counsel to be … Continue Reading
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