Estate Administration

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Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a decedent’s estate. 

The probate exception to federal jurisdiction reserves to state courts the probate or annulment of a will and the administration of a decedent’s estate. The exception also precludes federal courts from disposing of property in a state probate court’s custody. While outwardly straightforward, the exception continues to perplex judges.

The U.S. Ninth Circuit Court of Appeals took up the probate exception in Silk v. Bond, 65 F.4th 445 (9th Cir. 2023), a case involving a wealth advisor who sought to collect his fee. Spoiler alert: the probate exception may be narrower than you think.…

What pea is in which pod?  California probate disputes often involve questions of property ownership.  Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true owner of specified property.

Yet how far can Section 850 petitions be stretched?  In Parker v. Schwarcz (2022) ___…

We “ring” in 2022 with a recent case that again shows the long reach of statutory financial elder abuse claims in California trust and estate litigation. In Ring v. Harmon (2021) ___ Cal.App.5th ___, the Court of Appeal considered an alleged loan scheme to drain equity out of a house held in a probate…

Can a California will sever a joint tenancy such that the decedent’s interest in real property passes per will’s terms instead of vesting in the surviving joint tenant(s)? Additionally, when a general partnership dissolves after the death of a partner’s spouse, does the deceased spouse’s estate have a community property interest in the distributed partnership assets?…

(Editor’s Notes: Lauren Murvihill is a summer associate at Downey Brand. She is a student at UC Davis School of Law.  In September 2021, after publication of this post, the Governor approved Senate Bill 315.)

The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding…

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…

We started Trust on Trial with a post on undue influence in November 2015 and now mark the blog’s fifth anniversary.  We thank readers of our “five cents” for their feedback, reflect on where we’ve been, and look towards the future.

Focused on California trust and estate litigation, and dispute avoidance, we have published 127…

(Editor’s Note: The example in the post below has been revised.)

California causes of action are subject to various statutes of limitation.  Unless a plaintiff or petitioner files a complaint or other document asserting a cause of action within the applicable limitations period, the filing will be deemed time barred and subject to dismissal.  Under some circumstances, however, statutes of limitation may be tolled or suspended so as to extend the filing period.

When the COVID-19 pandemic caused court closures, the California Judicial Council responded with Emergency Rule 9, which tolled the statutes of limitation for civil actions from March 6, 2020 until 90 days after the Governor lifts the state of emergency, which will not occur until an unknown future date.

The initial emergency rule, issued April 6, has now been revised and partially clarified.  As California courts began to reopen in May, the Judicial Council chose to put a clearer endpoint on the tolling of limitations periods.  A memorandum from the Judicial Council provides background on the amended rule.…

In California, a trustor (person who creates a trust) can confer a “power of appointment” on trust beneficiaries, empowering them to designate to whom they want to give their shares of the trust.  The trustor can require trust beneficiaries to specifically exercise and refer to the power of appointment in any will they create to…