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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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