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Name Category Published
Burkett v. Capovilla
Daughter who died before mother was not entitled to receive gift under trust. 		Probate and Trusts Dec. 12, 2003
Germino v. Hillyer
Trustees' failure to strictly comply with notice requirements pursuant to Probate Code Section 16061.7 was not prejudicial. 		Probate and Trusts Nov. 21, 2003
Estate of Strader (Hixon v. Grant)
No-contest clause was not violated when beneficiaries sought a distribution request in the final account of the probate estate. 		Probate and Trusts Nov. 21, 2003
Hermanson v. Hermanson
No-contest clause, which prohibits removal of trustee, does not violate Probate Code Section 21305. 		Probate and Trusts Nov. 21, 2003
Estate of Carter
Trial court correctly set aside final order of estate distribution when two women came forward alleging to be daughters of decedent. 		Probate and Trusts Nov. 21, 2003
Estate of Mowry
Daughter adopted before execution of holographic will is not omitted heir. 		Probate and Trusts May 28, 2003
Estate of McAdams
Attorney may not collect fees associated with defending the trustee's mismanagement of trust account. 		Probate and Trusts Feb. 28, 2003
Estate of Eugene
Probate Code permits witness who inadvertently failed to sign will in testator's presence to sign will after testator's death. 		Probate and Trusts Feb. 24, 2003
Dabney v. Dabney
Court's order directing trust beneficicary to execute documents for lot line adjustment was improper. 		Probate and Trusts Feb. 20, 2003
Starr v. The Old Line Life Insurance Co. of America
Presumption of death is not applicable where fugitive from justice has not been seen or heard from for more than 12 years. 		Probate and Trusts Feb. 20, 2003
Estate of Jose Inez Gonzalez [Cortez v. Gonzalez]
No contest clause is enforceable where beneficiary exerted undue influence upon decedent to execute new will solely in beneficiary's favor. 		Probate and Trusts Jan. 7, 2003
Estate of Furia
Equitably adopted child does not have right to inherit property from testate 'grandparent.' 		Probate and Trusts Dec. 3, 2002
Estate of Roberson
Statute of limitations to file lawsuit against estate was not triggered because beneficiary had no reason to believe will was invalid. 		Probate and Trusts Nov. 25, 2002
Nairne v. Jessop-Humblet
Plaintiff's proposed complaint asserting breach of oral contract violates no-contest clause of trust. 		Probate and Trusts Oct. 7, 2002
Estate of Austin D. Stephens (Vohs v. Williams)
Decedent's oral instruction to daughter to vest real property in decedent and daughter as joint tenants was valid under doctrine of 'amanuensis.' 		Probate and Trusts Oct. 2, 2002
Estate of Schiola
Claim for reimbursement of Medicaid benefits is dismissed where heirs are not informed of right to apply for hardship waiver. 		Probate and Trusts Sep. 23, 2002
In the Matter of Ethel Mae Schlagel Trust
Where trustee has broad powers to manage trust, powers included revocation of trust. 		Probate and Trusts Sep. 22, 2002
Estate of Shinkle
Ombudsman for nursing home cannot receive donative transfer from trust established by resident. 		Probate and Trusts Sep. 17, 2002
Conservatorship of Edward W.
Notice waivers routinely sought in conservatorship proceedings violate due process. 		Probate and Trusts Sep. 16, 2002
Nickel v. Bank of America National Trust & Savings Assn.
Bank trustee must remedy fee overcharges by returning any profits plus interest. 		Probate and Trusts Sep. 3, 2002
In the Matter of Estate of Heyn
Trustee breached fiduciary duty by living in estate property rent-free. 		Probate and Trusts Aug. 13, 2002
Villegas v. McBride
Sister seeking recovery against deceased's estate failed to provide necessary information for claim. 		Probate and Trusts Aug. 9, 2002
Estate of Forthmann
Beneficiary's third request to conduct discovery regarding testamentary trust was property denied. 		Probate and Trusts Aug. 6, 2002
Rice v. Clark
Person who provides information for instrument's preparation and encourages donor to execute instrument is not disqualified as recipient of donative transfer. 		Probate and Trusts Aug. 6, 2002
Estate of Faller
Elective-share trusts cannot be used to maintain eligibility for public assistance. 		Probate and Trusts Jul. 29, 2002
Conservatorship of Schaeffer
Wife seeking to be conservator of husband's estate was improperly denied access to recommendation prepared by appointed counsel. 		Probate and Trusts Jul. 17, 2002
Guardianship of Johnson
Trial court did not abuse discretion in refusing to have estate funds transferred to other state. 		Probate and Trusts Jul. 16, 2002
Estate of DePasse
Trial court's order denying party's spousal property petition was proper. 		Probate and Trusts Jul. 3, 2002
Estate of Kouba
Documents purporting to alter terms of trust are invalid. 		Probate and Trusts Jun. 20, 2002
Estate of Hoffman
Petition seeking removal of fiduciary does not violate no-contest clause. 		Probate and Trusts Jun. 7, 2002
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