Sacramento County Superior Court

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Incapacity planning is a major component of an estate plan.  Quite often people name one person to serve as a health care agent and another person to serve as a financial agent.  What role does one agent have as opposed to the other in the context of contracting for medical services?

While the Probate Code does not provide a bright line, a recently-published California case explores the question in the context of the admission of a patient to a residential care facility for the elderly.  The Third District Court of Appeal, in Hutcheson v. Eskaton FountainWood Lodge (2017)  17 Cal.App.5th 937, found that the health care agent was the one authorized to admit the patient and the facility’s failure to obtain consent from that agent nullified an arbitration clause, thus exposing the facility to litigation in Superior Court.

Hands TiedCalifornia trust litigation often stems from disagreements and hostility among family member co-trustees.  Rather than picking one of their kids to serve as sole successor trustee when they die or become incapacitated, Mom and Dad often appoint two or more of their children to act together as successor co-trustees.

Having more than one child serve as co-trustee can work out well or turn into a nightmare.  In this post we’ll discuss the challenges associated with sibling co-trustees and how controversy might be avoided.

New conservatorship cases in Sacramento County Superior Court have risen sharply over the past three years.  Judge Steven M. Gevercer, who presides in Department 129 (the Probate Division), presented startling numbers at a March 21, 2017 lunch of the Sacramento County Bar Association’s Probate and Estate Planning Section.  The panelists, including the judge and veteran court staff, spoke on “Issues Arising in Conservatorship Cases.”

According to Judge Gevercer, in Fiscal Year 2014 (ending June 30, 2014), there were 238 new conservatorship cases filed in Sacramento.  The number rose to 287 new filings in Fiscal Year 2015 and 333 in Fiscal Year 2016.  This amounts to a whopping 40 percent increase in conservatorship cases over the most recent three years.

Yolo CourthouseMost California trust and estate litigation occurs in the probate department of the Superior Court, where the assigned judge manages and ultimately decides disputes.  Generally, there is no right to a jury trial so the outcome in contested cases rests with the judge, often supported by court staff who conduct file review and legal research.

The first quarter of 2017 brings changes in the assigned judges at the probate departments in Placer County Superior Court and Yolo County Superior Court, while there is continuity at Sacramento County Superior Court.

The Exchange of MoneySince California trustees generally can use trust funds to pay lawyers to handle disputes, litigation can drain away the funds available for distribution to beneficiaries.  Hence, an overaggressive beneficiary can pursue litigation that penalizes all beneficiaries, even those who have no responsibility for the fight.

Last week the California Third District Court of Appeal, based in Sacramento, clarified the scope of liability for litigants who act in bad faith in trust disputes.  In Pizarro v. Reynoso (2017) 10 Cal.App.5th 172, the Court of Appeal ruled that a probate court’s equitable authority to charge the trustee’s legal expenses against a party who has litigated in bad faith is limited to the party’s share of the trust estate and does not extend to the party’s personal assets.

Boot Camp_RevisedThe Sacramento County Bar Association’s Probate and Estate Planning Section hosted its first ever “boot camp” program on trust and estate litigation on September 20, 2016. As an alternative to the monthly lunch programs, the Section offered a six-hour seminar at its office at 425 University Avenue in Sacramento. The program drew a full house of approximately 80 attendees, ranging from law students to experienced lawyers.

I presented on will and trust contests in California Superior Court and provide highlights from my talk below.

Emergency1It’s early in the morning, you’ve only just started your first cup of coffee, and your first few sips of java have not yet percolated your brain into full gear. Suddenly, your cellphone vibrates, a call is coming. You do not recognize the number, but you answer anyway. Hello? You have just been provided notice of an ex parte hearing in the probate department. A what?!?!

Silhouette of Helping HandsGuest author Karina Stanhope, a Downey Brand associate, contributes today’s post.

A recent New York Times article shined new light on Britney Spears’ conservatorship. Well known for her instant rise to stardom as a Disney Mouseketeer, Ms. Spears’ fame as a young, up-and-coming pop star in the 1990s was boundless. Little less than a decade later, however, media outlets and tabloids provided a darker view of what Ms. Spears’ life had become. The more famous Ms. Spears became, the less control she appeared to hold over both her private and public life. Ms. Spears’ escapades worried fans and family alike, and in 2008, her father, James Spears, took legal action. A Los Angeles court appointed Mr. Spears conservator over Ms. Spears’ person and estate, with a lawyer aptly named Andrew Wallet serving as co-conservator over her estate.

Department 129 SignThis month Judge Steven M. Gevercer will replace Judge David F. De Alba as the probate judge in Department 129 of the Sacramento County Superior Court. Judge Gevercer was appointed to the bench by Governor Jerry Brown in 2012 and previously served in the California Attorney General’s Office.

Judges typically spend a year or two in Department 129 before moving on to other assignments within the court. Fortunately for all, the dedicated court staff who support Department 129 provide continuity over the years.