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Paul v. Patton
Court must give trust beneficiaries another chance to assert malpractice claim against their father’s attorney for botching trust instrument.
Probate and Trusts Apr. 12, 2015
Ukkestad v. RBS Asset Finance Inc.
Trust instrument that does not specifically identify real properties nevertheless satisfies statute of frauds where it was reliable enough to allow identification.
Probate and Trusts Mar. 16, 2015
Siegel v. Fife
Beneficiary may not object to sale of settlor’s property which is necessary to provide for her care and maintenance.
Probate and Trusts Mar. 1, 2015
Siegel v. Fife
Beneficiary may not object to sale of settlor’s property which is necessary to provide for her care and maintenance.
Probate and Trusts Mar. 1, 2015
Aulisio v. Bancroft
Nonattorney, as sole trustee, trust’s sole creator and beneficiary, may appear in propria persona on behalf of trust without engaging in unauthorized practice of law.
Probate and Trusts Oct. 30, 2014
Jenkins v. Teegarden
Quitclaim of home to drafter, who was unrelated to prior owner, is invalid as donative transfer when drafter did not give fair or adequate consideration for home.
Probate and Trusts Oct. 23, 2014
Vance v. Bizek
Creditor of trustee is not entitled to presumption that trustee, who commingled trust funds with her own funds, violated fiduciary duty to trust.
Probate and Trusts Aug. 12, 2014
Estate of Sobol
Will’s displaced executor cannot challenge testator’s appointment of new executors where no changes to disposition of her property were made.
Probate and Trusts Apr. 22, 2014
Kalenian v. Insen
Beneficiaries in probate dispute may appeal generally unappealable order, because they were not given notice of prior judgment against them.
Probate and Trusts Apr. 15, 2014
McArthur v. McArthur
Sister does not have to arbitrate her dispute with trustee based on arbitration provision of trust instrument where she never agreed to trust’s terms.
Probate and Trusts Mar. 12, 2014
Yesson v. San Francisco Municipal Transportation Agency
Daughter has no right to sell her father’s ‘taxi medallion,’ because any right father may have had over medallion expired when he died.
Probate and Trusts Feb. 27, 2014
Meyers v. The Retirement Fund of the Fed. City Employees
Former City of San Jose employee fails to remove trustees from retirement fund on allegations that they disregarded medical evidence in denying benefits.
Probate and Trusts Feb. 14, 2014
Crosby v. HLC Properties Ltd.
Estate of Bing Crosby’s first wife may not sue second wife over publicity rights, after previously settling similar lawsuit in 1999.
Probate and Trusts Jan. 31, 2014
Lintz v. Lintz
Wealthy real estate developer's children successfully void changes to their deceased father's trust, which disinherited them and benefited their stepmother.
Probate and Trusts Jan. 16, 2014
Donkin v. Donkin
Children may challenge trustees of their parents’ family trust without fear of triggering ‘no contest clause’ or being disinherited.
Probate and Trusts Dec. 27, 2013
Bridgeman v. Allen
Former beneficiary of revocable trust may not receive extension to contest trust only because he lives outside of California.
Probate and Trusts Sep. 30, 2013
Estate of Trikha
Son gets another chance at proving he is entitled to father's estate based on will, which could not be found after father committed suicide.
Probate and Trusts Sep. 17, 2013
Bridgeman v. Allen
Former beneficiary of revocable trust may not receive extension to contest trust only because he lives outside of California.
Probate and Trusts Sep. 3, 2013
Estate of Ben-Ali
Decedent’s will is invalid when found among possessions of father, who committed suicide after hiding son’s death, and one witness remained unidentified.
Probate and Trusts Jun. 25, 2013
Straley v. Gamble
Son timely files challenge to validity of his mother’s amended trust, naming him as beneficiary following their reconciliation.
Probate and Trusts Jun. 25, 2013
Drake v. Pinkham
Daughter may not challenge mother’s will when she failed to sue before mother’s death, despite knowing of changes in will.
Probate and Trusts Jun. 23, 2013
Estate of Bonzi
Executor must place proceeds from landfill’s sale into trust account to fund landfill’s post-closure maintenance pursuant to court order.
Probate and Trusts Jun. 3, 2013
Estate of Ben-Ali
Decedent’s will is invalid when found among possessions of father, who committed suicide after hiding son’s death, and one witness remained unidentified.
Probate and Trusts May 30, 2013
Conservatorship of McQueen
Order
Probate and Trusts May 17, 2013
Allen v. Stoddard
Surviving partner of same-sex couple may sue estate based on promise for distribution by deceased partner within one year of decedent's death.
Probate and Trusts Feb. 5, 2013
Estate of Lira
Donative transfers to stepsons, who are related to drafter of will, are valid, even though decedent was divorced from their mother when he died.
Probate and Trusts Jan. 22, 2013
Allen v. Stoddard
Surviving partner of same-sex couple may sue estate based on promise for distribution by deceased partner within one year of decedent's death.
Probate and Trusts Jan. 9, 2013
Estate of Giraldin
Revocable trust’s beneficiaries may sue trustee for breach of fiduciary duty owed to their father because breach could harm them by reducing trust's value.
Probate and Trusts Dec. 20, 2012
Thorpe v. Reed
Temporary trustee of special needs trust is not entitled to compensation when trust specifically prohibited compensation for successor trustees.
Probate and Trusts Dec. 13, 2012
Estate of Wilson
Domestic partnership agreement that waived same-sex couple's rights to receive property upon death of other is valid despite their subsequent marriage.
Probate and Trusts Dec. 13, 2012