Topics

Document Execution

Elder Abuse Restraining Orders

California Courts Should Prioritize Hearings on Elder Abuse Restraining Orders Anti-Isolation Restraining Orders Available in 2023 Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Estate Administration

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents Employing Caregivers and Advising Those Who Do – A Podcast with Bob King

Estate Planning

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court Charitable Bequest Allocation Turns on Donor’s Expressed Intent Lawyers Owe Duties to Nonclients Only When Intent to Benefit Them Was Clear

Ethical Duties

Lawyers Owe Duties to Nonclients Only When Intent to Benefit Them Was Clear Legislature Updates California’s Guardian Ad Litem Appointment Statutes Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

Evidence

And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?Should “Dutiful Children” and “Dutiful Spouses” Be Exempt from the Undue Influence Presumption?

Family Law

Cohabitation Required for “Marital Presumption” to Bar Heirship California Court Reconciles Ownership Presumptions in Probate Disputes No Bad Faith Required – Trustee of Spendthrift Trust May Be Compelled to Pay Attorney Fees Under Family Code Section 2030

Financial Elder Abuse

Hot Water Alert! Agent Should Not Co-Own Account with Principal California Courts Should Prioritize Hearings on Elder Abuse Restraining Orders Anti-Isolation Restraining Orders Available in 2023

Financial Powers of Attorney

Hot Water Alert! Agent Should Not Co-Own Account with Principal Expanding Access to Estate Planning – A Conversation with Verleana Green-Telusca RCFEs Can’t Get Out of the Rain – California Court Finds Another Arbitration Agreement Unenforceable

Gifts

Should “Dutiful Children” and “Dutiful Spouses” Be Exempt from the Undue Influence Presumption?Put It on My Tab – When Is a Lifetime Gift in California an Advancement Against Inheritance?Marvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with Jeffrey Makoff

Guardian Ad Litem

You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem Legislature Updates California’s Guardian Ad Litem Appointment Statutes Who Protects the Interests of Children in Trust Disputes?

Heggstad Petitions

Fund Your California Trust Now to Avoid the “Lost and Found” Later

Home Care Aides

Alzheimer’s Association Offers Helpful Roadmap on Dementia Employing Caregivers and Advising Those Who Do – A Podcast with Bob King New California Statutes Change Spousal Undue Influence Presumptions

Humboldt County Superior Court

See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate

Inheritance Disputes

Print and Sign Your Will – A Lesson from the Anne Heche Estate Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate

Jurisdiction

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

Kern County Superior Court

Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable

Legal Expenses

Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think

Legislation

Legislature Updates California’s Guardian Ad Litem Appointment Statutes Anti-Isolation Restraining Orders Available in 2023 Assembly Bill 1194 – How Will “Free Britney” Impact California Lawyers and Courts?

Life Insurance

Life Insurance Policy Benefits, Once Given Away, Cannot Be Redirected Don’t Let Time Run Out on Updating Your Life Insurance Beneficiaries Courts Should Read Elder Abuse Act Broadly to Stop Wrongdoers

Los Angeles County Superior Court

Print and Sign Your Will – A Lesson from the Anne Heche Estate When a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration Agreement Late Trust Contest May Trigger Enforcement of No Contest Clause

Marin County Superior Court

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents Another Shiner – Court Confirms Hefty Fee Award to California Attorney General in Breach of Charitable Trust Action

Mediation

How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?Making Peace in Mediation – A Conversation with Daniel Spector “California Trustee Removal Litigation and Mediation” Podcast

Mental Capacity

Hot Water Alert! Agent Should Not Co-Own Account with Principal Alzheimer’s Association Offers Helpful Roadmap on Dementia ChatGPT Blog Post on Undue Influence Gets a D

Mono County Superior Court

Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

Napa County Superior Court

“Mental Health Disorder” Must Be Proven Along with Delusion

Nevada County Superior Court

No Bad Faith Required – Trustee of Spendthrift Trust May Be Compelled to Pay Attorney Fees Under Family Code Section 2030

No Contest Clauses

Late Trust Contest May Trigger Enforcement of No Contest Clause Look Before Leaping Into an Anti-SLAPP Motion Openness and Transparency Help Avoid Trust Disputes – An Interview with Tracy Potts

Non-Probate Transfers

Will California SB 315 Improve Revocable Transfer on Death Deeds?California Courts May Invalidate Right of Survivorship in Joint Accounts A Friend Request From The Beyond: California’s New Post-Death Digital Assets Law

Orange County Superior Court

Temporary Conservators May Lack Authority to Sign Contracts for Conservatees California Courts May Invalidate Right of Survivorship in Joint Accounts Elder Abuse Is Not a Trojan Horse – Bad Faith Must Be Shown for Double Damages Under Probate Code Section 859

Placer County Superior Court

California Plaintiff Who Sues Decedent’s Insurer Can Recover Costs on Top of Policy Limits New Judges in Placer County and Yolo County Probate Departments Sacramento Financial Elder Abuse – Next Steps for Victims and Their Advocates

Podcasts

Expanding Access to Estate Planning – A Conversation with Verleana Green-Telusca Employing Caregivers and Advising Those Who Do – A Podcast with Bob King “Predatory Marriage” Podcast

Power of Appointment

California Powers of Appointment: Follow Instructions When Exercising

Private Professional Fiduciaries

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents Elder Abuse Restraining Orders May Prevent Estate Planning Changes Assembly Bill 1194 – How Will “Free Britney” Impact California Lawyers and Courts?

Pro Bono Services

Pro Bono Estate Planning Clinic Starts in Sacramento

Probate

Cohabitation Required for “Marital Presumption” to Bar Heirship Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate Print and Sign Your Will – A Lesson from the Anne Heche Estate

Reformation

California Powers of Appointment: Follow Instructions When Exercising Anti-SLAPP Case Features Arm Wrestling Siblings and a Prep School Put Up Your Dukes: Courts Can Fix Mistakes in Wills … Sometimes

Riverside County Superior Court

Elder Abuse Restraining Orders May Prevent Estate Planning Changes Blast from the Past – Trusts Subject to Medi-Cal Reimbursement Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

Sacramento County Superior Court

RCFEs Can’t Get Out of the Rain – California Court Finds Another Arbitration Agreement Unenforceable Assembly Bill 1194 – How Will “Free Britney” Impact California Lawyers and Courts?Judge Joginder Dhillon to Preside, by Zoom, in Sacramento County Probate Department

San Bernardino County Superior Court

Another Broad Reading of the Elder Abuse Act Protects Seniors California Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Does Not Prove Damages Beware of Dormant Creditor Claims in California Probate Cases

San Diego County Superior Court

Trust Modification/Amendment Procedure Now Unsettled in California Immortal Right — Income Beneficiary’s Entitlement to Accounting Continues After Death Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

San Francisco County Superior Court

Schism Deepens on California Trust Modification California Trusts Cannot Hold Title to Real Estate Fore! California Court Drives Away Claim that Trustee’s Attorney Breached Trust

San Joaquin County Superior Court

Judgments Should Name Fiduciaries in Their Representative Capacities California Court Reconciles Ownership Presumptions in Probate Disputes New Guidance on Role of Mental Health Experts in California Undue Influence Cases

San Mateo County Superior Court

Don’t Let Time Run Out on Updating Your Life Insurance Beneficiaries

Santa Barbara County Superior Court

Clear and Convincing Evidence Standard Continues to Apply in California Appeals Put It on My Tab – When Is a Lifetime Gift in California an Advancement Against Inheritance?Free Rider No More -- When Can a California Trust Beneficiary Shift Legal Fees to Other Beneficiaries?

Santa Clara County Superior Court

And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them

Santa Cruz County Superior Court

Trustees Must Terminate California Trust if Terms Compel Distribution

Shasta County Superior Court

Daughter Liable for Interfering with Stepmother’s Inheritance

Sonoma County Superior Court

California Court Gives RCFEs More To Keep Them Up At Night California Powers of Appointment: Follow Instructions When Exercising

Spouses

Cohabitation Required for “Marital Presumption” to Bar Heirship Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of Estate

Stanislaus County Superior Court

California Appellate Courts Doubly Divided Over Probate Code Section 859

Testamentary Intent

Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable Showdown at the O.K. Corral – The Battle of the Omitted Heirs California Powers of Appointment: Follow Instructions When Exercising

Trust Administration

How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?Hot Water Alert! Agent Should Not Co-Own Account with Principal He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality

Trust Revocation

En Garde! A Trust’s Revocation Method May Not Be Enforced Unless It Explicitly States It’s the Exclusive Means of Revocation Court of Appeal Clips Sterling

Trustee Fees

Disney Grandson Languishes in the “Unhappiest Place on Earth”Trust on Trial Celebrates a Fifth Anniversary Helping Families and Solving Problems – A Conversation with Trust Officer Alysia Corell from Exchange Bank

Trustee Removal

And the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch Them Who Can Oversee Revocable Charitable Trusts?“California Trustee Removal Litigation and Mediation” Podcast

Trustees

He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think Disney Grandson Languishes in the “Unhappiest Place on Earth”

Tuolumne County Superior Court

I’m Still Standing – California Supreme Court Allows Trust Amendment Contests in Probate Court Barefoot No More – California Supreme Court to Review Standing of Trust Contestants

Undue Influence

Alzheimer’s Association Offers Helpful Roadmap on Dementia California Courts Should Prioritize Hearings on Elder Abuse Restraining Orders ChatGPT Blog Post on Undue Influence Gets a D

Ventura County Superior Court

Fog Warning – Has One Bad Actor Made It Harder to Get Evidentiary Hearings?Court May Compel Mediation of California Trust Disputes

Venue

Lights, Cabin, Action! A Showdown Over Jurisdiction and Venue

Will Execution

Print and Sign Your Will – A Lesson from the Anne Heche Estate “Inheritance Forgery” Podcast – Theft from Tigers Averted California Powers of Appointment: Follow Instructions When Exercising

Will/Trust Contests

Alzheimer’s Association Offers Helpful Roadmap on Dementia He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem

Will/Trust Interpretation

How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?Charitable Bequest Allocation Turns on Donor’s Expressed Intent Schism Deepens on California Trust Modification

Yolo County Superior Court

New Judges in Placer County and Yolo County Probate Departments