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Name Category Published
Estate of Beard
Set aside original settlement order invalidates order for preliminary distribution of property derived from settlement. 		Probate and Trusts May 20, 1999
Mighty Oak Trust v. Nickel
Trustee, acting in beneficiary's interest, may not represent trust in court if trustee is not a licensed attorney. 		Probate and Trusts Apr. 14, 1999
Estate of Pouser
Decedent's intent to give wife maximum under federal estate tax marital deduction entitles her to entire estate. 		Probate and Trusts Apr. 12, 1999
Estate of Bonaccorsi
Administrator, who reasonably opposes a contest by beneficiaries, isn't liable to pay surcharge for attorney fees. 		Probate and Trusts Mar. 29, 1999
Estate of Gilkison
Probate attorney isn't entitled to extraordinary fees and is sanctioned for filing frivolous appeal. 		Probate and Trusts Mar. 29, 1999
Estate of Ferber
Will's no-contest clause prohibits frivolous attempts to oust executor. 		Probate and Trusts Mar. 26, 1999
Tays v. Metler
Order 		Probate and Trusts Mar. 23, 1999
Estate of Ferber
Will's no-contest clause prohibits frivolous attempts to oust executor. 		Probate and Trusts Mar. 19, 1999
Noggle v. Bank of America NT & SA
Three-year statute of limitations bars trust beneficiaries' breach of fiduciary duty claim. 		Probate and Trusts Mar. 16, 1999
Estate of Cibulk
Court errs by ordering trustee bond where instrument doesn't require one and beneficiaries have waived one. 		Probate and Trusts Mar. 11, 1999
Evangelho v. Presoto
Beneficiaries of revocable living trust are entitled to full accounting. 		Probate and Trusts Mar. 11, 1999
Hollaway v. Edwards
Court rule stating when attorney fees must be requested doesn't bind probate court's discretion in awarding fees. 		Probate and Trusts Mar. 3, 1999
City of Atascadero v. Merrill Lynch, Pierce, Fenner and Smith Inc.
Third parties actively participating in trust management can be sued by beneficiaries. 		Probate and Trusts Mar. 1, 1999
City of Atascadero v. Merrill Lynch
Third parties actively participating in trust management can be sued by beneficiaries. 		Probate and Trusts Feb. 26, 1999
Estate of Bonaccorsi
Administrator, who reasonably opposes a contest by beneficiaries, isn't liable to pay surcharge for attorney fees. 		Probate and Trusts Feb. 26, 1999
Lindberg v. U.S.
An estate isn't entitled to a tax deduction for payments made to settle descendant's claims against the estate. 		Probate and Trusts Jan. 14, 1999
Rienhardt v. Kelly
Due to probate exception, trial court doesn't have subject matter jurisdiction to hear claim of tortious interference with inheritance. 		Probate and Trusts Jan. 8, 1999
In the Matter of the Estate of Boyd
Reimbursement of funeral expenses justified under theory of equitable subrogation. 		Probate and Trusts Dec. 27, 1998
In the matter of the Estate of Peppler
No-contest provision will unenforceable if beneficiary had probable cause to submit second will to probate. 		Probate and Trusts Dec. 10, 1998
Wetherill v. Bank IV Kansas, N.A.
Bank isn't liable for trustee's misappropriation of funds unless it had actual knowledge of the wrongdoing. 		Probate and Trusts Jun. 4, 1998
Samaritan Health System v. Caldwell
Hospital may pursue decedent's community assets transferred to spouse, but not her separate property. 		Probate and Trusts May 7, 1998
Estate of Ongaro
Dismissal of claim against estate is proper where personal representative fails to receive sufficient notice. 		Probate and Trusts May 6, 1998
In the matter of the Trust of Franzen.
Trustee is entitled to fees incurred in good faith reliance on court order. 		Probate and Trusts Apr. 14, 1998
Estate of Travers
Former spouse can be actual creditor, but must file in timely manner to pursue claim. 		Probate and Trusts Mar. 30, 1998
Murphy v. Glenn
Opinion 		Probate and Trusts Mar. 6, 1998
Estate of Milstein
Court errs in excluding allegedly incapacitated person from permanent orders hearing. 		Probate and Trusts Feb. 11, 1998
Estate of Condon
Out-of-state attorney, who is not licensed in California but hired by executor, is entitled to fees. 		Probate and Trusts Aug. 22, 1997
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