Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
D054136
|
King v. Johnston
Beneficiary has standing against third party who participated in predecessor trustee’s breach, despite appointment of subsequent trustee. |
Probate and Trusts |
|
Nov. 9, 2009 | |
S166747
|
Johnson v. Greenelsh
Challenge to surviving spouse’s mental capacity to transfer trust assets and appoint successor trustee does not violate no contest clause. |
Probate and Trusts |
|
Oct. 29, 2009 | |
B208062
|
Rands v. Rands
Revocation of trust is ineffective where mental capacity certifications were invalid due to lack of knowledge regarding earlier findings of incapacity. |
Probate and Trusts |
|
Oct. 27, 2009 | |
H032581
|
Guardianship of K.S.
Party entitled to fees incurred in defense of bad faith objections is also entitled to fees incurred in pursuit of award. |
Probate and Trusts |
|
Oct. 2, 2009 | |
B207398
|
Pryor v. Pryor
Action to nullify marriage based on fraud does not survive death of spouse despite general survivorship rule. |
Probate and Trusts |
|
Oct. 1, 2009 | |
B205793
|
Cook v. Cook
Pleading asserting that unpaid loans could not be deducted from beneficiary's share of trust distribution violates no-contest clause. |
Probate and Trusts |
|
Oct. 1, 2009 | |
B207402
|
Estate of Pryor
Caretaker transferee, who subsequently married transferor, is only subject to rebuttable presumption of undue influence for period prior to marriage. |
Probate and Trusts |
|
Oct. 1, 2009 | |
A123296
|
Estate of Lensch
Evidentiary hearing may not be denied where time of death of issue taking under bequest was contested. |
Probate and Trusts |
|
Sep. 11, 2009 | |
A121525
|
Salter v. Lerner
Proposed petition to enforce trustee's duty to provide information regarding trust administration does not violate no contest clause. |
Probate and Trusts |
|
Aug. 21, 2009 | |
D053519
|
Conservatorship of Becerra
Violation of professional conduct rule is not 'valid court order' permitting award of monetary sanctions. |
Probate and Trusts |
|
Jul. 29, 2009 | |
B210500
|
Estate of Chambers
Clear and convincing evidence standard applies to illegitimate child's claim that father held him out as his own child. |
Probate and Trusts |
|
Jul. 13, 2009 | |
G040428
|
Phelps v. Orange County Assessment Appeals Board No. 1 (Guillory)
Reassessment of trust property proper where trustee's death and subsequent transfer of interest was change in ownership. |
Probate and Trusts |
|
Jul. 1, 2009 | |
F055231
|
Cory v. Toscano
Proposed petition regarding validity of handwritten interlineations is not contest where notations were not part of instrument containing no contest clause. |
Probate and Trusts |
|
Jun. 10, 2009 | |
B209814
|
Farb v. Superior Court (Farb)
Action by children against deceased father is barred by statute of limitations requiring lawsuit to be filed within one year after death. |
Probate and Trusts |
|
Jun. 4, 2009 | |
F055384
|
Estate of Beckel
Estate administrator may not limit distribution of intestate estate to children of decedent's predeceased first cousins. |
Probate and Trusts |
|
May 21, 2009 | |
B209782
|
Estate of Earley
Petition to probate will found after determination of intestacy denied as untimely pursuant to Probate Code Section 8226. |
Probate and Trusts |
|
Apr. 26, 2009 | |
C055832
|
Estate of Prindle
Insurer is estopped from claiming that failure to file timely probate claim bars plaintiff from relief in negligence action. |
Probate and Trusts |
|
Apr. 21, 2009 | |
07-35683
|
Canada Life Assurance Co. v. LaPeter
Trial court's appointment of receiver in a diversity action based on state law not abuse of discretion. |
Probate and Trusts |
|
Apr. 9, 2009 | |
B201357
|
Bradley v. Gilbert
Son's proposed petition as successor trustee to marshal assets in deceased parent's subtrusts does not violate no-contest clause. |
Probate and Trusts |
|
Apr. 3, 2009 | |
C058941
|
Estate of Kelly
Probate Code Section 8226(c) does not time-bar beneficiary from petitioning for probate when it never received notice of letters of administration. |
Probate and Trusts |
|
Apr. 3, 2009 | |
A120644
|
Marriage of Padgett
Where plan participant died before former spouse acquired order granting interest, domestic relations order retaining jurisdiction is not Qualified Domestic Relations Order. |
Probate and Trusts |
|
Mar. 27, 2009 | |
A120402
|
Shewry v. Wooten
Trial court's determination that Probate Code Section 9202 required executor to notify public entity of decedent's death is proper. |
Probate and Trusts |
|
Mar. 26, 2009 | |
B199813
|
Chang v. Lederman
No duty owed to nonclient claiming she was the intended beneficiary of trust's estate. |
Probate and Trusts |
|
Mar. 18, 2009 | |
B199998
|
Giammarrusco v. Simon
Beneficiary’s proposed reform of ambiguous limited power of appointment provision does not violate trust's no contest clause. |
Probate and Trusts |
|
Mar. 13, 2009 | |
07-35683
|
Canada Life Assurance Co. v. LaPeter
Trial court's appointment of receiver in a diversity action based on state law not abuse of discretion. |
Probate and Trusts |
|
Mar. 5, 2009 | |
D052325
|
Townsend v. Townsend
No-contest clause in trust document does not apply to subsequent amendments absent specific language. |
Probate and Trusts |
|
Feb. 26, 2009 | |
B200076
|
Kasperbauer v. Fairfield
Trustee's expenses in completing and defending accounting of trust must be paid by trust. |
Probate and Trusts |
|
Feb. 26, 2009 | |
B200639
|
Estate of Will
Pursuant to Probate Code, prenuptial agreement is enforceable as inheritance waiver where spouse is not provided for by will. |
Probate and Trusts |
|
Jan. 27, 2009 | |
B200076
|
Kasperbauer v. Fairfield
Trustee's expenses in completing and defending accounting of trust must be paid by trust. |
Probate and Trusts |
|
Jan. 26, 2009 | |
A120285
|
Boys and Girls Club of Petaluma v. Walsh
Probate court's modification of trust accomplishes trustor's main goal of giving to charity. |
Probate and Trusts |
|
Jan. 5, 2009 |