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Name Category Published
Burcham v. Burcham
Maker of will cannot seek declaratory judgment that his children are not entitled to distributions from his estate. 		Probate and Trusts Apr. 5, 2000
United States v. Estate Preservation Services
Promoter of abusive tax shelter advice is liable even when customers do not use the misinformation to violate the law. 		Probate and Trusts Mar. 30, 2000
Lagae v. Lackner
Personal judgment creditors may not seize trust property if they did not rely on non-conforming trust instrument in extending credit. 		Probate and Trusts Mar. 29, 2000
Estate of Fogleman
Breach of fiduciary duty exists where attorney, as personal representative of descendant's estate, retains his law firm to represent estate creditors. 		Probate and Trusts Mar. 15, 2000
Estate of Ongaro
Claim against estate is time-barred if presented more than one year after descendant's death. 		Probate and Trusts Mar. 15, 2000
Wetherill v. Basham
In unsuccessful attempt to change trust beneficiary, successor trustee inadvertently accomplishes same through valid exercise of appointment power. 		Probate and Trusts Feb. 7, 2000
Estate of Justesen
Unreasonable delay by personal representative and probate court as to decedent's will, doesn't defeat beneficiary's interest regarding entitlement distribution. 		Probate and Trusts Feb. 3, 2000
Wells Fargo Bank N. A. v. Superior Court of Los Angeles County
Beneficiaries of private express trust are not entitled to privileged communications between trustee and attorney. 		Probate and Trusts Feb. 3, 2000
Wolf v. Mitchell
Trust beneficiary may bring an action against third parties who actively participate in a trustee's breach of trust. 		Probate and Trusts Jan. 28, 2000
Lahey v. Bianchi
Spouse who obtained judgment of legal separation doesn't qualify as surviving spouse for purposes of intestate succession. 		Probate and Trusts Jan. 28, 2000
Estate of Breeden
Probate court correctly applied exclusivity tests for testamentary capacity to find testator of sound mind at time he executed holographic will. 		Probate and Trusts Jan. 24, 2000
Johnson v. Kotyck
Beneficiary of revocable trust isn't entitled to trust accounting, despite infirmity and conservatorship of trustor. 		Probate and Trusts Dec. 30, 1999
In the Matter of the Estate of Russo
Due process requires actual notice to known creditors of decedent's estate. 		Probate and Trusts Dec. 28, 1999
Estate of Fain
Judge has authority to render binding judgment where evidence demonstrates that parties believed proceedings to be a trial, not an arbitration hearing. 		Probate and Trusts Dec. 1, 1999
Winger v. Shuler
Personal representative allowed to reopen estate to negotiate estate tax returns with state and federal agencies. 		Probate and Trusts Nov. 19, 1999
Estate of Agans
Decedent's life insurance policy proceeds can't be included in probate estate to pay statutory allowances to surviving spouse if probate estate insufficient. 		Probate and Trusts Nov. 16, 1999
Snyder v. Tucson Police Public Safety Personnel Retirement System
Pension benefits awarded to ex-spouse upon dissolution of a marriage are inheritable. 		Probate and Trusts Nov. 16, 1999
Estate of Meyer
Exercise of limited power of appointment is effective outside three-month requirement of trust. 		Probate and Trusts Nov. 8, 1999
Wells Fargo Bank v. Superior Court (Boltwood)
Communications between trustee and counsel regarding trustee's potential liability on misconduct claims are privileged. 		Probate and Trusts Nov. 3, 1999
Estate of Cartwright v. Commissioner of Internal Revenue
Life insurance proceeds, paid by firm to deceased majority shareholder's estate, includes stock payment and claims against firm for work in progress. 		Probate and Trusts Oct. 29, 1999
Estate of Lamerdin
Deceased trustee's daughter lacks standing to petition for appointment of successor trustee for proposed charitable trust. 		Probate and Trusts Sep. 30, 1999
Catch v. Phillips
Where trust allows exercise of power of appointment by will or codicil, attempted exercise of that power by another document is invalid. 		Probate and Trusts Sep. 14, 1999
Catch v. Phillips
Where trust allows exercise of power of appointment by will or codicil, attempted exercise of that power by another document is invalid. 		Probate and Trusts Sep. 14, 1999
Estate of Della Sala
Omitted child seeking distribution contrary to terms of will has burden of proving all essential facts. 		Probate and Trusts Sep. 13, 1999
Vournas v. Fidelity National Title Insurance Co.
Where trust beneficiary can't show bank had actual knowledge of unauthorized actions, bank can't be liable for breach of fiduciary duty. 		Probate and Trusts Sep. 13, 1999
Estate of Condon
Out-of-state attorney, who is not licensed in california, isn't prohibited from receiving attorney fees. 		Probate and Trusts Aug. 10, 1999
Estate of Joseph
Claimant isn't entitled to interstate distribution as decedent's child without adoption by decedent. 		Probate and Trusts Aug. 10, 1999
Estate of Huston
Annuity gift from estate's attorney to himself is void as outside his power of attorney. 		Probate and Trusts Aug. 6, 1999
Helfand v. Gerson
Decedent's beneficiary cannot take contrary positions regarding gift in federal action and state probate proceeding. 		Probate and Trusts Aug. 5, 1999
Estate of Martin
Executor breaches fiduciary duty by personally benefiting from sale of estate property, and the sale is void. 		Probate and Trusts Aug. 4, 1999
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