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Milton H. Greene Archives Inc. v. Marilyn Monroe LLC
Marilyn Monroe's estate may not assert rights to California's posthumous right of publicity after claiming she was domiciled in New York in prior litigation. 		Probate and Trusts Aug. 31, 2012
Edwards v. Gillis
Trust beneficiary, who claimed trustee should have made distribution of assets at earlier date, must prove that trustee unreasonably delayed distribution. 		Probate and Trusts Aug. 30, 2012
Estate of Wong
Attorney is entitled to statutory compensation for probate work even though parties did not execute written agreement entitling attorney to that compensation. 		Probate and Trusts Jun. 28, 2012
Sefton v. Sefton
Power of appointment in will is subject to presumption in effect at time of creation such that children who survive life estate holder must receive at least 'substantial' part of remainder estate. 		Probate and Trusts May 31, 2012
Estates of Collins and Flowers
Unclean hands doctrine precludes estate administrator from attacking forged deed because administrator’s prior quiet title suit was attempt to obtain title wrongfully. 		Probate and Trusts May 10, 2012
Knox v. Dean
Conservator’s financial elder abuse claim against former conservator is properly plead based on allegations that former conservator allowed below-market rents at apartments within estate. 		Probate and Trusts Apr. 24, 2012
King v. Lynch
Amendments to revocable trust are invalid without signatures of both settlors where trust specified that both signatures were required to be effective. 		Probate and Trusts Apr. 10, 2012
Donkin v. Donkin
Former law allowing beneficiaries to file 'safe harbor' petition to determine whether challenge to trust constitutes contest applies despite elimination of safe harbor mechanism. 		Probate and Trusts Mar. 25, 2012
Estate of Moss
Service of postprobate will contest on party's attorney of record is sufficient for purposes of triggering time for filing demurrer to postprobate contest. 		Probate and Trusts Mar. 20, 2012
Christie v. Kimball
Order requiring trustee to file accounting is not appealable where probate court did not also decide whether petitioner was beneficiary entitled to accounting. 		Probate and Trusts Jan. 27, 2012
Estate of Kampen
Defense of laches applies to bar beneficiary’s claim for non-statutory damages where beneficiary acquiesced to long delay in distribution of estate. 		Probate and Trusts Dec. 12, 2011
Estate of Duke
Will is not ambiguous where testator only shows intent regarding disposition of property in event of wife’s simultaneous, but not previous, death. 		Probate and Trusts Dec. 6, 2011
Hernandez v. Kieferle
Presumption that testamentary transfers to care custodians are invalid does not apply where transferor’s step-daughter was heir capable of inheriting. 		Probate and Trusts Nov. 2, 2011
Estate of Giraldin
Beneficiaries have no standing to pursue claims for breach of fiduciary duties against trustee for actions taken while settlor had power to revoke trust. 		Probate and Trusts Sep. 27, 2011
Estate of Dito
Res judicata does not bar petition alleging financial elder abuse where primary right in prior proceeding was right to receive share of estate as omitted spouse. 		Probate and Trusts Aug. 25, 2011
Dacey v. Taraday
Estate must assert failure to file creditor’s claim as independent defense to preserve issue on appeal. 		Probate and Trusts Jun. 21, 2011
Andersen v. Hunt
Court errs in applying contractual capacity standard instead of testamentary capacity standard to determine testator’s mental capacity to execute trust amendments closely resembling will. 		Probate and Trusts Jun. 14, 2011
Bellows v. Bellows
Trustee may not impose release of liability on beneficiary as condition of accepting what was asserted to be final distribution of trust. 		Probate and Trusts Jun. 12, 2011
Diaz v. Bukey
Court properly denies trustee’s petition to compel arbitration absent parties’ agreement to submit to arbitration arising from dispute over trust. 		Probate and Trusts Jun. 9, 2011
Dacey v. Taraday
Estate must assert failure to file creditor’s claim as independent defense to preserve issue on appeal. 		Probate and Trusts May 20, 2011
Diaz v. Bukey
Court properly denies trustee’s petition to compel arbitration absent parties’ agreement to submit to arbitration arising from dispute over trust. 		Probate and Trusts May 11, 2011
McMackin v. Ehrheart
Equitable estoppel may preclude assertion of statute of limitations defense in distribution of property promised by decedent to cohabitant. 		Probate and Trusts Apr. 10, 2011
Estate of Redfield
Res judicata bars relitigation of issue of whether amount of money was part of decedent’s estate because issue had been determined in prior action. 		Probate and Trusts Apr. 5, 2011
Estate of Stoker
Petition to probate will containing revocation of trust is timely where petition effectively constitutes action challenging validity of trust. 		Probate and Trusts Apr. 4, 2011
Estate of Bartsch
Interested beneficiary may also act as personal representative of estate ‘assisting court’ in defense of alleged heir’s claim. 		Probate and Trusts Mar. 23, 2011
Estate of Stoker
Petition to probate will containing revocation of trust is timely where petition effectively constitutes action challenging validity of trust. 		Probate and Trusts Mar. 4, 2011
Estate of Shapiro
Value of household services is question of fact to determine whether adequate consideration was given to support contract for taxable estate purposes. 		Probate and Trusts Feb. 23, 2011
Kucker v. Kucker
Unspecified shares of stock are assets of trust where trustor manifests intent to transfer all property owned to trust upon her death. 		Probate and Trusts Jan. 27, 2011
Fazzi v. Klein
Proposed petition challenging designation of successor trustee constitutes 'contest' of trust, which required surviving spouse to create subtrusts. 		Probate and Trusts Dec. 15, 2010
Hall v. Kalfayan
Potential beneficiary of will cannot maintain claim for legal malpractice against attorney who failed to have will executed before death of testator. 		Probate and Trusts Dec. 9, 2010
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