Tag: Statutes of Limitation

Trust on Trial Celebrates a Fifth Anniversary

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 … Continue Reading

How Does Amended California Emergency Rule 9 Affect Probate Proceedings?

By Jeffrey S. Galvin on June 15, 2020 Posted in Creditor Claims, Estate Administration, Probate, Trust Administration

(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 … 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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