A recent California appellate opinion provides guidance on the interplay between applications for elder abuse restraining orders and special motions to strike (also known as anti-SLAPP motions). The opinion tells trial courts to consider applications for restraining orders, so as
Trust on Trial
California Trust and Estate Litigation
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ChatGPT Blog Post on Undue Influence Gets a D
As the New York Times reported in December, “ChatGPT is, quite simply, the best artificial intelligence chatbot ever released to the general public.” Built by OpenAI, a San Francisco-based company, ChatGPT has grabbed headlines over the last two months.
Artificial…
Home Is Where You Lay Your Sombrero – Spouse Who Lives Abroad Cannot Serve as Administrator of Husband’s Estate
Here’s another reason (uno más in Spanish) to create and properly execute a will. If your spouse or other trusted designee lives out of the country when you die, he or she won’t be eligible to administer your California estate.…
You’re Fired! Mature Minors May Seek Removal of Guardians Ad Litem
California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it does not speak to their removal. A…
Legislature Updates California’s Guardian Ad Litem Appointment Statutes
California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults. For background, see our prior post.
Anti-Isolation Restraining Orders Available in 2023
[Editor’s Note: This post was revised on January 11, 2023 after the implementing Judicial Council forms became available.]
California trust and estate disputes often include claims that one or more family members have isolated or are isolating an elder for…
Print and Sign Your Will – A Lesson from the Anne Heche Estate
Traditionally, the creation of a valid will, in California and elsewhere, required strict adherence to certain formalities. Estate law has been tepidly moving away from requiring compliance with those formalities, with a goal of prioritizing the intent of the person…
Section 850 Petitions Can’t Be Used to Obtain a Fiduciary’s Documents
What pea is in which pod? California probate disputes often involve questions of property ownership. Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true owner of specified property.…
Judgments Should Name Fiduciaries in Their Representative Capacities
When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful. A person who acts in a representative capacity should be identified that way in the judgment – otherwise,…
When a Health Care Directive Isn’t Enough – California Court Shreds Another Arbitration Agreement
Operators of skilled nursing facilities want their patients to enter into arbitration agreements. While such agreements don’t eliminate the risk of litigation, they at least reduce the expense and exposure associated with potential jury trials.
California appellate courts, however, have…