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Deary v. Superior Court (Hendrick)
Trial court abuses its discretion by ordering production of estate tax returns, violating privilege and public policy.
Probate and Trusts May 18, 2001
Pitzer v. Union Bank
Illegitimate children may not impose constructive trust or reopen probate of deceased father.
Probate and Trusts May 17, 2001
Mearns v. Scharbach
Divorce results in automatic revocation of spouse's designation as primary beneficiary of insurance proceeds.
Probate and Trusts May 13, 2001
Gardner v. Gardner (In the Matter of the Estate of Gardner)
Children of decedent's first wife remain residual beneficiaries and second wife takes 100 percent of pension proceeds as surviving spouse.
Probate and Trusts May 13, 2001
Colorado Dept. of Health Care Policy and Financing v. Estate of Roberts
Colorado criteria for establishment of disability trust not in conflict with federal law.
Probate and Trusts May 6, 2001
Vasquez v. Hawthorne
Community property rights afforded to heterosexual, quasi-marital relationships do not extend to same-sex relationships.
Probate and Trusts May 1, 2001
Petrie v. Petrie
Court didn't abuse discretion in removing father as custodian of his childrens' investment accounts and as trustee of their real estate trusts.
Probate and Trusts Apr. 27, 2001
Estate of Fleming
Biological mother's termination of parental rights left son without legal parent, therefore, neither she nor her surviving son are intestate heirs.
Probate and Trusts Apr. 23, 2001
Federated Services Insurance Co. v. Estate of Jason
In wrongful death survival action, decedent's estate may not recover damages for loss of probable future inheritance.
Probate and Trusts Apr. 23, 2001
Estate of Fleming
Where mother relinquishes all maternal rights to her infant son, mother is not the son's instestate heir.
Probate and Trusts Apr. 20, 2001
American Financial Life Insurance and Annuity Co. v. Youn
Order
Probate and Trusts Apr. 19, 2001
Fisher v. Barnes ( In the Matter of the Estate of Dancer, Deceased)
Will cannot be attributed to decedent where it was not in her hand or signed by her.
Probate and Trusts Mar. 1, 2001
Estate of Thurston
Heir may not have assets reclassified when she had opportunity to examine estate documents.
Probate and Trusts Dec. 19, 2000
In the Matter of the Estate of DeWitt
Divorce revocation statute should not be applied retroactively.
Probate and Trusts Dec. 12, 2000
In the Matter of Estate of Becker
Application of divorce revocation statute did not violate constitutional prohibition against retrospective legislation.
Probate and Trusts Dec. 12, 2000
Harustak v. Wilkins
Notice regarding trust, which is not printed in boldface lettering, is not enforceable.
Probate and Trusts Nov. 30, 2000
Parker v. Powell
Where trust assets are transmuted from community to separate property at decedent's death, husband's revocation results in disposition of one-half interest according to decedent's will.
Probate and Trusts Nov. 29, 2000
Estate of McGuigan
Niece's failure to specify decedent's son in petition to claim escheated estate constitutes extrinsic fraud sufficient to set aside order of distribution.
Probate and Trusts Nov. 29, 2000
In the Matter of Zaritsky
Court says both claimants and distributees improperly in possession of estate property must return the property or its value.
Probate and Trusts Nov. 20, 2000
Bonta v. Baker
Trustee's service of notice rejecting creditor claim, and not filing date, commences 90-day limitations period to file suit to enforce claim.
Probate and Trusts Nov. 1, 2000
District 22 United Mine Workers of America v. State of Utah
Congress' grant of federal lands is held in trust pursuant to Utah Constitution.
Probate and Trusts Oct. 24, 2000
Estate of Shumway
No-contest clause of will is unenforceable when probable cause of undue influence exists at time contest is filed.
Probate and Trusts Sep. 19, 2000
Estate of McGuigan
Niece's failure to specify decedent's son in petition to claim escheated estate constitutes extrinsic fraud sufficient to set aside order of distribution.
Probate and Trusts Sep. 5, 2000
ZZYZX Aaron Curtis, a minor v. Estate of Fagan
Probate court can authorize payment of attorney fees from minor's settlement after determining claim valid and amount reasonable.
Probate and Trusts Aug. 25, 2000
Estate of Burdette
Will can be admitted to probate where subscribing witness who is unavailable submits transcripts of testimony given under oath.
Probate and Trusts Aug. 5, 2000
Bonta v. Baker
Trustee's service of notice rejecting creditor claim, and not filing date, commences 90-day limitations period to file suit to enforce claim.
Probate and Trusts Jun. 30, 2000
Alberico v. Health Management System Inc.
State agency may recover reimbursement for Medicaid payments from property conveyed to trust.
Probate and Trusts Jun. 29, 2000
Gilford v. People
Failure to personally deliver certification petition to respondent is fatal to Probate Court's jurisdiction over person.
Probate and Trusts Jun. 7, 2000
Bonta v. Baker
Trustee's service of notice rejecting creditor claim, and not filing date, commences 90-day limitations period to file suit to enforce claim.
Probate and Trusts Jun. 1, 2000
Estate of Bell
Challenge to will can only be brought in a formal testacy proceeding.
Probate and Trusts May 17, 2000