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United States v. Harris
California law makes irrevocable, discretionary trusts 'property' subject to liens issued to collect unpaid federal conviction restitution orders.
Probate and Trusts Apr. 21, 2017
Pizarro v. Reynoso (Reynoso)
Probate court cannot hold beneficiary and nonbeneficiary personally liable for trust's attorney fees and costs to the extent that fees exceed trust beneficiary's trust shares.
Probate and Trusts Mar. 30, 2017
Carmack v. Reynolds
Probate Code does not limit bankruptcy estate's access to spendthrift trust to 25 percent of beneficiary's interest, where trust pays beneficiary entirely out of principal.
Probate and Trusts Mar. 24, 2017
Fiduciary Trust International of California v. Klein
Previous trustees who sought legal advice must show that advice was for personal defense as to performance of duties in order to avoid disclosure to successor trustee.
Probate and Trusts Mar. 23, 2017
Williamson v. Brooks
Damages do not exist against cotrustees in fiduciary duty breach case, as evidence suggests that beneficiary would have sold home even with greater information of contents of trust.
Probate and Trusts Mar. 2, 2017
Williamson v. Brooks
Damages do not exist against cotrustees in fiduciary duty breach case, as evidence suggests that beneficiary would have sold home even with greater information of contents of trust.
Probate and Trusts Feb. 1, 2017
Pizarro v. Reynoso (Reynoso)
Probate court cannot hold beneficiary and nonbeneficiary personally liable for trust's attorney fees and costs to the extent that fees exceed trust beneficiary's trust shares.
Probate and Trusts Jan. 18, 2017
Estate of Dayan
In dispute over mother's real property, probate court does not err in denying son's petition seeking conveyance of property and in finding his brother owns one-third interest.
Probate and Trusts Nov. 6, 2016
Pratt v. Ferguson
Pursuant to Probate Code section 15305, 'shutdown clause' in trust cannot defeat minor's right to child support.
Probate and Trusts Sep. 7, 2016
Funsten v. Wells Fargo N.A.
Probate court erroneously rules on trustee's application regarding a no-contest clause under former Probate Code Section 21320's safe harbor, which had since been repealed.
Probate and Trusts Aug. 28, 2016
East Bay Regional Park District v. Griffin
Dismissal of appeal over trustee's distribution of trust assets pursuant to valid orders of the probate court required where no relief is available to appellant.
Probate and Trusts Aug. 21, 2016
Gregge v. Hugill
Public policy disfavoring trust contests does not preempt right of beneficiaries to have claims determined by law.
Probate and Trusts Jul. 15, 2016
Butler v. LeBouef
Probate judgment invalidating will and trust upheld where attorney uses law license to take advantage of elderly and mentally infirm trustor to enrich himself.
Probate and Trusts Jun. 20, 2016
McClatchy v. Coblentz, Patch, Duffy & Bass LLP
Law firm successfully quashes service of amended petition substituting it as Doe defendant involving trust dispute.
Probate and Trusts May 12, 2016
Babbit v. Superior Court (McCormack)
Probate Court erroneously compels trustee to provide extensive accounting, including time period prior to co-trustee's death, while trust remained revocable.
Probate and Trusts Apr. 27, 2016
Carne v. Worthington
Express conveyance to new trust of property held in prior trust is sufficient for transfer to be effective, though not accompanied by formal deed.
Probate and Trusts Apr. 15, 2016
Ammerman v. Callender
Beneficary of "Marie Callender" trust successfully reverses judgment in favor of other beneficiary where court incorrectly applies "changing fraction method" to trust residuary.
Probate and Trusts Mar. 25, 2016
Saterbak v. JPMorgan Chase
Borrower lacks standing to preemptively challenge assignment of deed of trust from original lender to subsequent lender.
Probate and Trusts Mar. 18, 2016
Gray v. Jewish Federation of Palm Springs and Desert Area
In trust accounting dispute, court clarifies that Probate Code Section 16373 allows use of principal for certain disbursements, but which must be repaid by income.
Probate and Trusts Jan. 12, 2016
Sterling v. Sterling
Donald Sterling was properly removed as trustee from family trust due to incapacity and cannot 'undo' sale of Los Angeles Clippers.
Probate and Trusts Nov. 18, 2015
Doolittle v. Exchange Bank
Trust's duty to defend against contests provision is not a no contest clause and can be enforced prior to determining merits of beneficiary's challenges.
Probate and Trusts Nov. 6, 2015
Doolittle v. Exchange Bank
Trust's duty to defend against contests provision is not a no contest clause and can be enforced prior to determining merits of beneficiary's challenges.
Probate and Trusts Oct. 22, 2015
Conservatorship of Moore
Probate court is commended for surcharging attorney who puts own financial interests ahead of those of elderly client suffering from dementia.
Probate and Trusts Oct. 2, 2015
Sanders v. Yanez
Texas adoption of adult created a parent-child relationship; adopted child qualifies as 'issue' under trust.
Probate and Trusts Aug. 2, 2015
Estate of Duke
Unambiguous will may be reformed to conform to testator's intent if clear and convincing evidence establishes mistake and testator's specific intent.
Probate and Trusts Jul. 27, 2015
Katzenstein v. Chabad of Poway
Court lacks jurisdiction to review unsigned minute order striking party's objection and counterclaim against trustee in probate matter.
Probate and Trusts Jun. 15, 2015
Estate of Britel
Child born out of wedlock cannot establish that she is intestate decedent's natural child despite DNA evidence because decedent never held her out as his own.
Probate and Trusts May 18, 2015
Novak v. Fay
Attorney need not pursue a creditor's claim against estate and is entitled to enforce lien for attorney fees under Probate Code Section 9391.
Probate and Trusts Apr. 29, 2015
Sefton v. Sefton
Son excluded from grandfather's estate by father vindicated on appeal, as common law demands parties in son's position must receive 'substantial share' of appointive property.
Probate and Trusts Apr. 26, 2015
Estate of Britel
Child born out of wedlock cannot establish that she is intestate decedent’s natural child despite DNA evidence because decedent never held her out as his own.
Probate and Trusts Apr. 23, 2015