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Name Category Published
Estate of Shellenbarger
Father is not disinherited despite abandoning child who later dies intestate. 		Probate and Trusts Dec. 30, 2008
Bowles v. Cavalli
Trust beneficiary has standing to pursue action against third party who knowingly benefits from trustee's breach of trust. 		Probate and Trusts Dec. 24, 2008
Estate of Mooney
Under antilapse statue, bequest passes to issue of predeceased beneficiary by representation. 		Probate and Trusts Dec. 23, 2008
Aguilar v. Aguilar
Community property may not be withdrawn from inter vivos trust where it became irrevocable on death of spouse. 		Probate and Trusts Nov. 10, 2008
Schwartz v. Schwartz
Plaintiff cannot escape consequences of no-contest clause by attempting to withdraw trust contest. 		Probate and Trusts Oct. 20, 2008
Estate of Felder
Estate retains $48,000 deposit after defaulting purchaser of property fails to comply with terms of sale. 		Probate and Trusts Oct. 13, 2008
Masry v. Masry
Husband who executes revocation of trust and transfers assets to new trust without notifying wife complies with Probate Code. 		Probate and Trusts Oct. 6, 2008
McMillian v. Stroud
Where settlement was silent as to medical expenses, plaintiff is not allowed to reduce payment of Medi-Cal lien. 		Probate and Trusts Sep. 22, 2008
Estate of Kievernagel
Widow does not have right to use frozen sperm of late husband who signed agreement to dispose of sperm upon death. 		Probate and Trusts Sep. 15, 2008
Masry v. Masry
Husband who executes revocation of trust and transfers assets to new trust without notifying wife complies with Probate Code. 		Probate and Trusts Sep. 5, 2008
Estate of Thottam
Chart created during mediation distributing assets among co-trustees is admissible in future litigation to enforce settlement agreement under confidentiality exception. 		Probate and Trusts Sep. 5, 2008
McMillian v. Stroud
Where settlement was silent as to medical expenses, plaintiff is not allowed to reduce payment of Medi-Cal lien. 		Probate and Trusts Sep. 4, 2008
Estate of Clementi
Decedent who was not California resident when instrument was executed may make donative transfer to drafter of will. 		Probate and Trusts Aug. 29, 2008
Estate of Heath
Decedent's niece may not be appointed administrator of estate by virtue of assignment of interest by her beneficiary mother residing in Germany. 		Probate and Trusts Aug. 29, 2008
Estate of Thottam
Chart created during mediation distributing assets among co-trustees is admissible in future litigation to enforce settlement agreement under confidentiality exception. 		Probate and Trusts Aug. 13, 2008
Estate of Molino
Heir hunter assignments are not valid where they are deemed void as against public policy. 		Probate and Trusts Aug. 5, 2008
Murphy v. Murphy
Where issues of fraud and undue influence are adjudicated by substituted judgment, action raising identical issues is barred by collateral estoppel. 		Probate and Trusts Jul. 24, 2008
Estate of Bonanno
Decedent's estranged wife is estopped from asserting rights to have property pass without administration where decedent's daughter was administrator for years. 		Probate and Trusts Jul. 23, 2008
Perrin v. Lee
Challenges to trust amendments without 'no contest clause' do not trigger clause found in original trust. 		Probate and Trusts Jul. 17, 2008
Schwartz v. Lawson
Court has authority to suspend trustee's powers for perceived breaches pursuant to petition to settle account under Probate Code Section 17200. 		Probate and Trusts Jul. 11, 2008
Schwartz v. Lawson
Court has authority to suspend trustee's powers for perceived breaches pursuant to petition to settle account under Probate Code Section 17200. 		Probate and Trusts Jul. 1, 2008
Murphy v. Murphy
Where issues of fraud and undue influence are adjudicated by substituted judgment, action raising identical issues is barred by collateral estoppel. 		Probate and Trusts Jun. 30, 2008
Estate of Safai
Minor who brings petition through guardian ad litem does not 'voluntarily' participate in trust contest or violate no contest clause. 		Probate and Trusts Jun. 26, 2008
Estate of Bennett
In probate case, court commits reversible error in denying request for evidentiary hearing on petitioners' motion to rescind settlement agreement. 		Probate and Trusts Jun. 17, 2008
Montegani v. Johnson
Court properly reconsiders and reverses order finding no violation of 'no contest' clause after finding that decree is interlocutory. 		Probate and Trusts May 15, 2008
Estate of Herold
Court finds that 'no contest' clause in testator's will cannot be incorporated by reference into decree of distribution. 		Probate and Trusts May 8, 2008
Ferraro v. Camarlinghi
Trial court erred by striking plaintiff's complaint on grounds it was precluded by prior judgments, statute of limitations, or compulsory cross-complaint rule. 		Probate and Trusts Apr. 28, 2008
Wagner v. Wagner
Daughter's claim against trust for care she provided mother preceding her death is barred by one-year statute of limitations. 		Probate and Trusts Apr. 24, 2008
Estate of McDaniel
Since marital property rights terminated during marriage dissolution proceeding, decedent’s former wife is not 'surviving spouse’ and cannot inherit from decedent’s estate. 		Probate and Trusts Apr. 17, 2008
Ferraro v. Camarlinghi
Trial court erred by striking plaintiff's complaint on grounds it was precluded by prior judgments, statute of limitations, or compulsory cross-complaint rule. 		Probate and Trusts Mar. 31, 2008
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