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) ___
Can a California court stop others from changing an elder’s estate plan? Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust.
In White v. Wear (2022) 76 Cal.App.5th 24, the Court of Appeal reviewed the issuance of an elder abuse
Assembly Bill 1194, approved by Governor Newsom on September 30, 2021, tightens oversight of California conservators, especially those licensed by the Professional Fiduciaries Bureau.
The bill expands the duties of California courts with respect to conservatorships, though some reforms depend upon funding in future legislation. With a projected budget surplus, and keen public
Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of Hudson v. Foster (2021) 68 Cal.App.5th 640, a recent California Court of Appeal decision involving a conservatorship.
The conservatee in this case consented to the conservator’s account and four years passed before
Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento. His mother, Carolyn M. Young, began work as a fiduciary in 1986. Zach received his bachelor’s degree in business and communications at Sacramento State University. Zach joined his mother and sister, Lindsay Bowman, in the fiduciary business. In 2012, he received his
California trust disputes often involve allegations that trustees should be removed and suspended because they are acting improperly or have conflicts of interest.
Attorney Denise Chambliss, author of an informative article on trustee removal, spoke with me on Trust Me!, the podcast of the Trusts and Estates Section of the California Lawyers Association.
When a California probate court establishes a conservatorship, the conservator is charged with managing the conservatee’s person and/or estate in the conservatee’s best interests. The large majority of professional fiduciaries and family members who become conservators discharge their duties faithfully. Occasionally, however, a conservator may exploit the relationship for personal gain.
Over the past year
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
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.
A recent appellate case, Van Buskirk v. Van Buskirk (2020) 53 Cal.App.5th 523, shows the “long arm” jurisdictional reach of California courts in trust litigation. California courts may leap, catch and decide disputes even when nonresident parties would prefer to litigate elsewhere.
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