| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
S057498
|
Hecht v. Superior Court (Kane)
As will states, woman gets all of decedent's frozen sperm, which isn't subject to later settlement. |
Probate and Trusts |
|
Jul. 28, 1999 | |
|
A070909
|
Byrne v. Laura
Estate's rejection of creditor claim by surviving companion breaches deceased's support agreement. |
Probate and Trusts |
|
Jul. 19, 1999 | |
|
E017682
|
Estate of McCrary
Decedent's maternal first cousins must share estate with issue of deceased paternal first cousins. |
Probate and Trusts |
|
Jul. 9, 1999 | |
|
S060863
|
Estate of Joseph
Claimant is not entitled to intestate distributor of foster parent's estate absent adoption. |
Probate and Trusts |
|
Jun. 29, 1999 | |
|
E022931
|
Estate of Peterson
Beneficiary who has probable cause and contests will benefiting someone who aided in will's execution, is exempt from will's no contest clause. |
Probate and Trusts |
|
Jun. 28, 1999 | |
|
A083625
|
Bank of America v. Angel View Crippled Children's Foundation
Probate Code sections enacted in 1993 apply retroactively, and must be satisfied to validate gift to attorney-beneficiary who drafted trust. |
Probate and Trusts |
|
Jun. 28, 1999 | |
|
B097460
|
Estate of Jimenez
Probate court doesn't have jurisdiction over petition for disinterment and for damages for improper burial. |
Probate and Trusts |
|
Jun. 23, 1999 | |
|
D025287
|
Estate of John Housley
Triable issue of fact exists as to when oral agreement to 'leave everything' to individual was made. |
Probate and Trusts |
|
Jun. 20, 1999 | |
|
A074457
|
Genger v. Delsol
Widow's proposed action, challenging husband's estate plan, qualifies as 'contest,' triggering trust's no-contest clause. |
Probate and Trusts |
|
Jun. 20, 1999 | |
|
B099006
|
Estate of Anderson
General revocation clause in last will can encompass a power of appointment exercised in prior will. |
Probate and Trusts |
|
Jun. 17, 1999 | |
|
98-0077
|
In re: Naarden Trust
Prevailing party cannot recover attorney fees in lawsuit arising from trust. |
Probate and Trusts |
|
Jun. 16, 1999 | |
|
S063364
|
Condon v. McHenry
Out-of-state attorney, who is not licensed in California but hired by executor is entitled to fees. |
Probate and Trusts |
|
Jun. 16, 1999 | |
|
B109790
|
Estate of Stahl
Amounts held by trustee as depreciation reserve constitute trust principal, not income. |
Probate and Trusts |
|
Jun. 16, 1999 | |
|
F026929
|
Estate of Pittman
Petition seeking reclassification of scheduled trust property is a 'contest' under trust's broad no-contest clause. |
Probate and Trusts |
|
Jun. 16, 1999 | |
|
B099003
|
Estate of Wathen
Extrinsic evidence is admissible to construe decedent's intent regarding ambiguous tax allocation in will. |
Probate and Trusts |
|
Jun. 16, 1999 | |
|
B114113
|
Northern Trust Bank of California N.A. v. Pineda
Objectors' appeal from purported charging order is dismissed since no final charging order was entered. |
Probate and Trusts |
|
Jun. 14, 1999 | |
|
D026249
|
Estate of Simpson
Interest on delinquent taxes must be paid from corpus of decedent's residual estate. |
Probate and Trusts |
|
Jun. 12, 1999 | |
|
A074457
|
Genger v. Delsol
Widow's proposed action, challenging husband's estate plan, qualifies as 'contest,' triggering trust's no-contest clause. |
Probate and Trusts |
|
Jun. 12, 1999 | |
|
A074718
|
Snyder v. United States Fidelity & Guaranty Co.
Absent court order of release, surety company is liable for embezzlement losses from guardianship estate. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
A074718
|
Snyder v. United States Fidelity & Guaranty Co.
Absent court order of release, surety is liable for embezzlement losses from guardianship estate. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
D027174
|
Estate of Dawes
Liability for debts incurred before or during marriage continues after death of one spouse. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
A078749
|
Estate of Anderson
Undivorced bigamous spouse is estopped from asserting inheritance rights against estate of spouse who died intestate. |
Probate and Trusts |
|
Jun. 7, 1999 | |
|
F026210
|
Estate of Kelm
Parental relationship established in divorce decree is res judicata to determination of issue during probate. |
Probate and Trusts |
|
Jun. 6, 1999 | |
|
S054624
|
Moeller v. Los Angeles County Superior Court (Sanwa Bank)
Trustee's records for administration belong to trust and must be disclosed to successor trustee. |
Probate and Trusts |
|
Jun. 4, 1999 | |
|
S054624
|
Moeller v. Superior Court (Sanwa Bank)
Predecessor trustee cannot withhold trust administration documents from successor by claiming attorney-client privilege. |
Probate and Trusts |
|
Jun. 3, 1999 | |
|
B111151
|
Parage v. Couedel
Failure to become aware of probate proceedings after publication notice isn't mistake permitting relief from judgment. |
Probate and Trusts |
|
May 26, 1999 | |
|
D026752
|
Ike v. Doolittle
Ambiguities in trust support finding property agreement did not transmute trustors' separate property to community property. |
Probate and Trusts |
|
May 26, 1999 | |
|
S060863
|
Estate of Joseph
Foster child isn't entitled to intestate succession of foster parent's estate absent continuing legal barrier to adoption. |
Probate and Trusts |
|
May 26, 1999 | |
|
A077483
|
Estate of Smith
Testator's mistaken belief as to how property will be disposed not grounds for denying admission to probate. |
Probate and Trusts |
|
May 21, 1999 | |
|
B114210
|
Edwards v. Edwards
Cotrustees' power to vote shares of stock held in trust is governed by the Corporations Code. |
Probate and Trusts |
|
May 20, 1999 |
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