Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B216632
|
Citizens Business Bank v. Carrano
Biological child born out of wedlock is beneficiary where trust unambiguously defines ‘issue’ as unadopted lineal descendants. |
Probate and Trusts |
|
Nov. 7, 2010 | |
C061782
|
Lickter v. Lickter
Plaintiffs lack standing to bring elder abuse claim on behalf of decedent where they are not successors in interest or interested persons in proceedings. |
Probate and Trusts |
|
Oct. 27, 2010 | |
B221815
|
Araiza v. Younkin
Former beneficiary of savings account forfeits appellate review of claim that transfer was invalid because drafter of trust was son of transferee. |
Probate and Trusts |
|
Sep. 29, 2010 | |
B215819
|
Weinberger v. Morris
Trust did not terminate under ‘merger doctrine’ since intent of settlor was for trust to continue until final distribution of trust property occurred. |
Probate and Trusts |
|
Sep. 27, 2010 | |
A125736
|
Estate of Cairns
Court must independently interpret trust document and apply liberal constructions in ascertaining testator’s intent in absence of conflicting evidence. |
Probate and Trusts |
|
Sep. 24, 2010 | |
B196045
|
Uzyel v. Kadisha
Court errs by concluding trustee had no reasonable cause to defend litigation and awarding attorney fees under Probate Code Section 17211(b). |
Probate and Trusts |
|
Sep. 23, 2010 | |
F058119
|
Estate of Austin
Person is not ‘care custodian’ under Probate Code by providing limited assistance services to decedent before he was placed in nursing home. |
Probate and Trusts |
|
Sep. 16, 2010 | |
E048555
|
Estate of Ziegler
Caretaker's claim to decedent's estate is barred by one-year statute of limitations where claim arose from agreement to transfer decedent's home upon death. |
Probate and Trusts |
|
Sep. 1, 2010 | |
G040428
|
Phelps v. Orange County Assessment Appeals Board No. 1 (Guillory)
Reassessment of trust property is proper where trustee's death and subsequent transfer of interest constituted change in ownership. |
Probate and Trusts |
|
Aug. 18, 2010 | |
F058001
|
Estate of Gardner
Beneficiary’s claim that account was 'payable on death' account despite decedent’s failure to finish paperwork before death survives demurrer. |
Probate and Trusts |
|
Aug. 13, 2010 | |
B210701
|
Estate of Manuel
Will contestant who unreasonably denies request for admission is liable for requesting party’s trial expenses, but her attorney is not. |
Probate and Trusts |
|
Aug. 11, 2010 | |
08-16704
|
Day v. Apoliona
State trustee of public trust may use trust proceeds for any enumerated purpose provided by statutory authority. |
Probate and Trusts |
|
Jul. 27, 2010 | |
A127069
|
Estate of Hastie
Action by estate administrator against recipients of deceased’s real property is not barred by statute of limitations. |
Probate and Trusts |
|
Jul. 23, 2010 | |
B215277
|
Quick v. Pearson
Breach of trust claim is valid where trustee knows of beneficiary, but beneficiary does not know trust exists until after statutory period. |
Probate and Trusts |
|
Jul. 2, 2010 | |
G041661
|
Soria v. Soria
Plaintiffs are not entitled to attorney fees under Probate Code where trustee’s accounting was not contested in civil suit. |
Probate and Trusts |
|
Jun. 25, 2010 | |
G041661
|
Soria v. Soria
Plaintiffs are not entitled to attorney fees under Probate Code where trustee’s accounting was not contested in civil suit. |
Probate and Trusts |
|
Jun. 15, 2010 | |
D055668
|
Munn v. Briggs
Son alleging interference with mother’s codicil has adequate remedy in probate and may not recover under tort of interference with expected inheritance. |
Probate and Trusts |
|
Jun. 11, 2010 | |
G042100
|
Estate of Lewis
Probate Code Section 8464 does not authorize court to appoint public administrator over children's guardian to administer deceased father’s estate. |
Probate and Trusts |
|
May 10, 2010 | |
B213484
|
Estate of Kraus
Brother who wrongfully took sister’s money before her death must return property to estate even if petitioners were not ultimately entitled to funds. |
Probate and Trusts |
|
Apr. 28, 2010 | |
A124263
|
Estate of Winans
Certifying attorney for will’s independent review fails to properly counsel client regarding decision to exclude nieces and nephews from taking property. |
Probate and Trusts |
|
Mar. 28, 2010 | |
D055202
|
Leader v. Cords
Trust beneficiaries are entitled to attorney fees from trustee who refused to distribute trust assets after obligated under trust provisions. |
Probate and Trusts |
|
Mar. 23, 2010 | |
G040628
|
Donahue v. Donahue
Trial court fails to assess whether attorney fee award for trustee’s defense is reasonable and appropriate in relation to benefit of trust. |
Probate and Trusts |
|
Feb. 25, 2010 | |
B215644
|
Estate of Tolman
Issue of named deceased beneficiary are lineal descendants, rather than heirs at law, and are entitled to anti-lapse protection. |
Probate and Trusts |
|
Feb. 16, 2010 | |
S158007
|
Steinhart v. County of Los Angeles
'Change in ownership' triggering property reassessment occurs where entire equitable estate transfers from trustee of revocable trust to beneficiaries of irrevocable trust. |
Probate and Trusts |
|
Feb. 5, 2010 | |
G042509
|
Suleman v. Superior Court (Petersen)
Stranger cannot successfully petition probate court to appoint guardian for Nadya Suleman’s eight minor children without showing facts warranting intervention. |
Probate and Trusts |
|
Jan. 12, 2010 | |
B214434
|
Balian v. Balian
Proposed petition seeking to modify 'special needs' provision in trust does not violate no contest clause. |
Probate and Trusts |
|
Dec. 14, 2009 | |
F056587
|
Rudnick v. Rudnick
Probate court properly exercises equitable power to charge attorney fees against trust interests of beneficiaries who brought unfounded suit against trustee. |
Probate and Trusts |
|
Dec. 3, 2009 | |
B213392
|
Chatard v. Oveross
Interest of beneficiary of spendthrift trust who acted as trustee and committed breach of trust is impounded to satisfy claim against her. |
Probate and Trusts |
|
Dec. 1, 2009 | |
G040427
|
Presta v. Tepper
Party who enters into partnership as trustee of express trust is actual partner because express trust is not entity independent of trustee. |
Probate and Trusts |
|
Nov. 26, 2009 | |
B207613
|
1680 Property Trust v. Newman Trust
One-year period of limitations after death applies to fraud claim based on statement of decedent on behalf of trust. |
Probate and Trusts |
|
Nov. 17, 2009 |