Tag: Alameda County Superior Court

“California Trustee Removal Litigation and Mediation” Podcast

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. Joining us … Continue Reading

Courts Should Read Elder Abuse Act Broadly to Stop Wrongdoers

By Jeffrey S. Galvin on June 14, 2017 Posted in Financial Elder Abuse, Life Insurance, Mental Capacity, Undue Influence

California’s Elder Abuse and Dependent Adult Civil Protection Act is elastic enough to encompass claims arising from sharp insurance sales practices, even when elders do not pay anything directly to the agents. So concluded the First District Court of Appeal earlier this month in Mahan v. Charles W. Chan Insurance Agency, Inc. (2017) 12 Cal.App.5th … Continue Reading

Welcome to our trust and estate litigation blog. Inheritance disputes are on the rise nationally as the baby boomers age and wealth passes from one generation to the next. This is high stress litigation, often pitting sibling against sibling or second spouse against step-children.

We cover hot button issues in California trust litigation and probate litigation, ranging from the flash points that we see in our cases to recent developments in the field. We discuss trust contests, will contests, and administration disputes. We explore issues of mental capacity, undue influence, fiduciary duty, and financial elder abuse. We follow how California courts grapple with dementia attributed to Alzheimer’s disease, which is becoming more prevalent in our population. We comment on local court practices, including procedures in Department 129 (the probate unit) of Sacramento County Superior Court. We hope that our blog will be of interest to estate planning professionals and to family members immersed in trust and estate disputes. We invite you to follow our blog and to get to know us through our posts.

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