We’ve been your dogged reporter on the ever-growing logjam in the Courts of Appeal on trust modification procedure. We’ve followed the twists and turns that courts have taken as they’ve tackled the question of what happens when a trust amendment
Trust on Trial
California Trust and Estate Litigation
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How Can We Reduce Conflict Over the Allocation of Mom’s Wedding Ring and Other Tangible Property?
We often see siblings litigate in California over the allocation of tangible personal property held in the family trust. When Mom and Dad have passed, the tug of war may involve jewelry, paintings, photos, firearms, furniture, saddles, vehicles, table settings…
Hot Water Alert! Agent Should Not Co-Own Account with Principal
Financial powers of attorney give the named agent broad control over the principal’s assets and thus are a key component of estate planning. Such powers allow the agent to help if and when the principal becomes incapacitated. A corrupt agent,…
Hey, That’s Also My Turf! Contract Claims Involving Estates May Be Litigated in Federal Court
Exactly where a court’s jurisdiction begins and ends is a question that has long irked our judicial system. One muddle is the extent to which federal courts, as opposed to state courts, can decide disputes involving a decedent’s estate.
The…
Charitable Bequest Allocation Turns on Donor’s Expressed Intent
Charities sometimes spar over entitlement to bequests and other planned gifts. Occasionally, their disagreements become epic legal battles that span many years.
In Breathe Southern California v. American Lung Association (2023) 88 Cal.App.5th 1172 , two former affiliates fought over…
Alzheimer’s Association Offers Helpful Roadmap on Dementia
Dementia casts a long shadow in California trust and estate litigation. Contestants claim that an elder with dementia lacked sufficient mental capacity to make an estate planning change, or that dementia left the elder highly vulnerable to undue influence.
The Alzheimer’s…
He Who Has the Gold Does Not Always Rule–Court Reinforces Trustee’s Duty of Neutrality
It has become more common for trustors to select someone who is not a beneficiary of the trust estate, often a close relative, to serve as trustee. While the “crown” of trusteeship imbues that trustee with tempting powers – including…
Lawyers Owe Duties to Nonclients Only When Intent to Benefit Them Was Clear
When does a California estate planning attorney owe a duty of care to people other than the client? Planners can breathe easier after a recent appellate ruling. The court clarified the limits on legal malpractice claims brought by nonclients.
In…
Cohabitation Required for “Marital Presumption” to Bar Heirship
Who’s your father for inheritance purposes in California? Family Code section 7540(a) states that “the child of spouses who cohabited at the time of conception and birth is conclusively presumed to be a child of the marriage.” A child covered…
Trustees Beware: The Line Between Protected and Wasteful Litigation Is Thinner Than You Think
This blog has devoted a lot of real estate to the use of anti-SLAPP motions in California trust and estate litigation. Though the courts’ treatment of such motions is varied and oftentimes unpredictable, Californians can generally rely on the anti-SLAPP…