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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
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
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
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
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
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
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
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
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
Conservatorship of Becerra
Violation of professional conduct rule is not 'valid court order' permitting award of monetary sanctions.
Probate and Trusts Jul. 29, 2009
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
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
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
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
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
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
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
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
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
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
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
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
Chang v. Lederman
No duty owed to nonclient claiming she was the intended beneficiary of trust's estate.
Probate and Trusts Mar. 18, 2009
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
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
Townsend v. Townsend
No-contest clause in trust document does not apply to subsequent amendments absent specific language.
Probate and Trusts Feb. 26, 2009
Kasperbauer v. Fairfield
Trustee's expenses in completing and defending accounting of trust must be paid by trust.
Probate and Trusts Feb. 26, 2009
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
Kasperbauer v. Fairfield
Trustee's expenses in completing and defending accounting of trust must be paid by trust.
Probate and Trusts Jan. 26, 2009
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