Topics

Accounting

Fraud Claims May Reopen Court-Approved AccountingsImmortal Right — Income Beneficiary’s Entitlement to Accounting Continues After DeathCalifornia Trustee Must Be Careful in Seeking Release from Beneficiary

Advance Health Care Directives

When a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration AgreementExpanding Access to Estate Planning – A Conversation with Verleana Green-TeluscaCalifornia Court Gives RCFEs More To Keep Them Up At Night

Alameda County Superior Court

Spooked By Conflict: A Trustee’s Discretion Can Be the Scariest Thing of All“California Trustee Removal Litigation and Mediation” PodcastCourts Should Read Elder Abuse Act Broadly to Stop Wrongdoers

Anti-SLAPP Motions

Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You ThinkLook Before Leaping Into an Anti-SLAPP MotionWhen Defending Becomes Offensive: California Court Expands No Contest Clauses to Defense of Invalid Amendment

Appeal

A Risky Game: Can An Estate Representative Be Their Own Lawyer?See No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of EstateUnilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable

Arbitration

When a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration AgreementRCFEs Can’t Get Out of the Rain – California Court Finds Another Arbitration Agreement UnenforceableCalifornia Court Gives RCFEs More To Keep Them Up At Night

Asset Distribution

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad IdeaSpooked By Conflict: A Trustee’s Discretion Can Be the Scariest Thing of AllArmor Up!  Protecting Your Estate Plan with a Human Touch

Attorney Work Product Doctrine

Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

Attorney-Client Privilege

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s DocumentsAre an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity

Bank Trust Departments

Fraud Claims May Reopen Court-Approved Accountings“California Trustee Removal Litigation and Mediation” PodcastTake a Fire Prevention Approach to Your Estate Plan

Beneficiaries

Armor Up!  Protecting Your Estate Plan with a Human TouchLawyers Owe Duties to Nonclients Only When Intent to Benefit Them Was ClearCohabitation Required for “Marital Presumption” to Bar Heirship

Butte County Superior Court

It’s Rigged: How Our California Trust and Estate Litigation Blog Was Dragged into Election 2016

California Supreme Court

Trust Modification/Amendment Procedure Now Unsettled in CaliforniaMarvin Claims Between Unmarried Partners Will Abound in Post-Marriage California – A Conversation with Jeffrey MakoffBarefoot No More – California Supreme Court to Review Standing of Trust Contestants

Charitable Trusts

Charitable Bequest Allocation Turns on Donor’s Expressed IntentWho Can Oversee Revocable Charitable Trusts?Court May Compel Mediation of California Trust Disputes

Conflict Avoidance

Armor Up!  Protecting Your Estate Plan with a Human TouchHow 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

Conservatorships

Dementia Causes Uneasy Balance Between Freedom and ProtectionLegislature Updates California’s Guardian Ad Litem Appointment StatutesSection 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents

Contra Costa County Superior Court

Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse CasesIs “Bad Faith” Needed for Double Damages Under Probate Code Section 859?Mind Your Notice in California - Even Remote Contingent Beneficiaries May Need to Be Served

Creditor Claims

Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s EstateBlast from the Past – Trusts Subject to Medi-Cal ReimbursementHow Does Amended California Emergency Rule 9 Affect Probate Proceedings?

Divorce

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-FiancéSee No Evil? Premarital Agreement May Cause Spouse to Lose Inheritance and Role as Administrator of EstateNo Bad Faith Required – Trustee of Spendthrift Trust May Be Compelled to Pay Attorney Fees Under Family Code Section 2030

Document Execution

Didn't Stick the Landing: Despite Legal Artistry, You Still Can't Amend a Trust with an Electronic SignatureAretha Franklin Makes Us “Think” About Handwritten WillsWhen a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration Agreement

Elder Abuse Restraining Orders

Dementia Causes Uneasy Balance Between Freedom and ProtectionAnti-Isolation Restraining Orders Available in 2023Elder Abuse Restraining Orders May Prevent Estate Planning Changes

Estate Administration

Experts Beware: Estate of Martino and a Zen Buddhist Approach to Intestate SuccessionA Risky Game: Can An Estate Representative Be Their Own Lawyer?Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court

Estate Planning

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad IdeaGrossman v. Wakeman, Ethical Dilemmas, and What We Owe Our ClientsArmor Up!  Protecting Your Estate Plan with a Human Touch

Ethical Duties

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad IdeaGrossman v. Wakeman, Ethical Dilemmas, and What We Owe Our ClientsLawyers Owe Duties to Nonclients Only When Intent to Benefit Them Was Clear

Evidence

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-FiancéAnd the Rocket’s Red Glare – Trustee Removal Petitions May Be Costly to Those Who Launch ThemAre an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?

Family Law

Cohabitation Required for “Marital Presumption” to Bar HeirshipCalifornia Court Reconciles Ownership Presumptions in Probate DisputesNo Bad Faith Required – Trustee of Spendthrift Trust May Be Compelled to Pay Attorney Fees Under Family Code Section 2030

Financial Elder Abuse

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the WorkAretha Franklin Makes Us “Think” About Handwritten WillsDementia Causes Uneasy Balance Between Freedom and Protection

Financial Powers of Attorney

Hot Water Alert! Agent Should Not Co-Own Account with PrincipalExpanding Access to Estate Planning – A Conversation with Verleana Green-TeluscaRCFEs 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 LitemLegislature Updates California’s Guardian Ad Litem Appointment StatutesWho 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 DementiaEmploying Caregivers and Advising Those Who Do – A Podcast with Bob KingNew 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

Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust SettlorsThe Roadrunner Always Wins: Hamilton v. Green and the Limits of CreativityExperts Beware: Estate of Martino and a Zen Buddhist Approach to Intestate Succession

Jurisdiction

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

Kern County Superior Court

Unilateral Severance of Joint Tenancy Must Be Unequivocal and Irrevocable

Legal Expenses

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the WorkHey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal CourtTrustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think

Legislation

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

Life Insurance

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

Los Angeles County Superior Court

Godoy v. Linzner and the Lawyer’s Duty to Shut Down a Bad IdeaFlying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. TylerThe Roadrunner Always Wins: Hamilton v. Green and the Limits of Creativity

Marin County Superior Court

Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s DocumentsAnother 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

A Handoff After 200 PostsDementia Causes Uneasy Balance Between Freedom and ProtectionHot Water Alert! Agent Should Not Co-Own Account with Principal

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

Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. TylerArmor Up!  Protecting Your Estate Plan with a Human TouchLate Trust Contest May Trigger Enforcement of No Contest Clause

Non-Probate Transfers

Will California SB 315 Improve Revocable Transfer on Death Deeds?California Courts May Invalidate Right of Survivorship in Joint AccountsA 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 ConservateesCalifornia Courts May Invalidate Right of Survivorship in Joint AccountsElder 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 LimitsNew Judges in Placer County and Yolo County Probate DepartmentsSacramento Financial Elder Abuse – Next Steps for Victims and Their Advocates

Podcasts

Expanding Access to Estate Planning – A Conversation with Verleana Green-TeluscaEmploying 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 DocumentsElder Abuse Restraining Orders May Prevent Estate Planning ChangesAssembly Bill 1194 – How Will “Free Britney” Impact California Lawyers and Courts?

Pro Bono Services

Pro Bono Estate Planning Clinic Starts in Sacramento

Probate

A Risky Game: Can An Estate Representative Be Their Own Lawyer?Court Applies Harmless Error Rule to Validate Will Benefiting Ex-FiancéCohabitation Required for “Marital Presumption” to Bar Heirship

Reformation

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

Riverside County Superior Court

Elder Abuse Restraining Orders May Prevent Estate Planning ChangesBlast from the Past – Trusts Subject to Medi-Cal ReimbursementLights, 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 UnenforceableAssembly 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 SeniorsCalifornia Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Does Not Prove DamagesBeware of Dormant Creditor Claims in California Probate Cases

San Diego County Superior Court

No Such Thing as a Free Ride: Section 859 Awards Can Now Go To Whoever Does the WorkDidn't Stick the Landing: Despite Legal Artistry, You Still Can't Amend a Trust with an Electronic SignatureHaggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust Settlors

San Francisco County Superior Court

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

San Joaquin County Superior Court

Judgments Should Name Fiduciaries in Their Representative CapacitiesCalifornia Court Reconciles Ownership Presumptions in Probate DisputesNew 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 AppealsPut 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

A Risky Game: Can An Estate Representative Be Their Own Lawyer?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 NightCalifornia Powers of Appointment: Follow Instructions When Exercising

Spouses

Cohabitation Required for “Marital Presumption” to Bar HeirshipHome Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s EstateSee 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

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-FiancéUnilateral Severance of Joint Tenancy Must Be Unequivocal and IrrevocableShowdown at the O.K. Corral – The Battle of the Omitted Heirs

Trust Administration

Spooked By Conflict: A Trustee’s Discretion Can Be the Scariest Thing of AllA Handoff After 200 PostsAnother Trust Modification Decision Adds to the Logjam

Trust Revocation

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

Trustee Fees

A Handoff After 200 PostsDisney Grandson Languishes in the “Unhappiest Place on Earth”Trust on Trial Celebrates a Fifth Anniversary

Trustee Removal

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

Trustees

Spooked By Conflict: A Trustee’s Discretion Can Be the Scariest Thing of AllTrustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You ThinkDisney 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 CourtBarefoot No More – California Supreme Court to Review Standing of Trust Contestants

Uncategorized

Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust Settlors

Undue Influence

A Handoff After 200 PostsDementia Causes Uneasy Balance Between Freedom and ProtectionAlzheimer’s Association Offers Helpful Roadmap on Dementia

Ventura County Superior Court

Grossman v. Wakeman, Ethical Dilemmas, and What We Owe Our ClientsFog 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

Court Applies Harmless Error Rule to Validate Will Benefiting Ex-FiancéPrint and Sign Your Will – A Lesson from the Anne Heche Estate“Inheritance Forgery” Podcast – Theft from Tigers Averted

Will/Trust Contests

Flying Too Close to the Sun: The Scope of a No-Contest Clause Disinheritance Under Key v. TylerThe Roadrunner Always Wins: Hamilton v. Green and the Limits of CreativityAretha Franklin Makes Us “Think” About Handwritten Wills

Will/Trust Interpretation

Haggerty v. Thornton Overcomes a Four-on-One Advantage and Scores a Slam Dunk for Trust SettlorsAnother Trust Modification Decision Adds to the LogjamHow Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?

Yolo County Superior Court

New Judges in Placer County and Yolo County Probate Departments