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Name Category Published
Bilafer v. Bilafer
Trustor of irrevocable trust has standing to petition for reformation of instrument where drafting error defeats execution of dispositive intent. 		Probate and Trusts Mar. 28, 2008
Estate of Claeyssens
Proposition 6 coupled with California Constitution provide that Legislature alone may not impose estate or inheritance tax. 		Probate and Trusts Mar. 28, 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 Mar. 28, 2008
Estate of Young
Valuation of property wrongfully taken from decedent’s estate may be bifurcated from issue of liability for such taking. 		Probate and Trusts Feb. 18, 2008
Estate of Garrett
Surviving spouse has priority to administer decedent's estate but can choose to nominate another person to manage estate property. 		Probate and Trusts Feb. 4, 2008
Cabral v. Soares
Ex-husband successfully demurs to complaint challenging mother's will but ex-wife may amend complaint to allege constructive trust over funds for support payments. 		Probate and Trusts Dec. 16, 2007
Principal Life Insurance Co. v. Peterson
Non-final judgment of first degree murder is admissible as presumptive proof of ‘felonious and intentional’ killing, which if unrebutted, renders summary judgment appropriate. 		Probate and Trusts Oct. 31, 2007
Mota v. Superior Court (Villalobos)
Trust beneficiary may conduct discovery relevant to her objections to Distribution Petition, and she need not file Probate Code Section 850 petition. 		Probate and Trusts Oct. 23, 2007
Betts v. City National Bank
Because petition alleges willful misconduct and breach of fiduciary duty, it did not constitute contest under trust's no contest clause. 		Probate and Trusts Oct. 21, 2007
Steinhart v. County of Los Angeles
Conveyance of life estate to plaintiff did not constitute change in ownership for purposes of Proposition 13. 		Probate and Trusts Oct. 1, 2007
Estate of Williams
Document written by decedent and demonstrating testamentary intent is valid holographic will despite not having actual signature. 		Probate and Trusts Sep. 18, 2007
McDonald v. Structured Asset Sales LLC
Creditor's appeal is dismissed where order denying her claim is not appealable under Probate Code. 		Probate and Trusts Sep. 3, 2007
Patton v. Sherwood
Under Probate Code, settlor of charitable remainder unitrust may reserve power to object to trustee accountings. 		Probate and Trusts Jun. 21, 2007
Patton v. Sherwood
Under Probate Code, settlor of charitable remainder unitrust may reserve power to object to trustee accountings. 		Probate and Trusts Jun. 21, 2007
McKenzie v. Vanderpoel
Trust beneficiary may not avoid no contest clause in trust instrument to use statutory procedure to reallocate trust principal and income. 		Probate and Trusts Jun. 14, 2007
McKenzie v. Vanderpoel
Trust beneficiary may not avoid no contest clause in trust instrument to use statutory procedure to reallocate trust principal and income. 		Probate and Trusts Jun. 13, 2007
Colburn v. The Northern Trust Co.
Creditor claims that would allow former wife and children to benefit from both testator's trust and dissolution judgment violate no-contest clause. 		Probate and Trusts Jun. 5, 2007
Colburn v. The Northern Trust Co.
Creditor claims that would allow former wife and children to benefit from both testator's trust and dissolution judgment violate no-contest clause. 		Probate and Trusts Jun. 5, 2007
Estate of Yool
Probate court properly supports imposition of resulting trust in favor of sister in dispute with siblings over real property their deceased mother held legal title to. 		Probate and Trusts Jun. 1, 2007
Estate of Yool
Probate court properly supports imposition of resulting trust in favor of sister in dispute with siblings over real property their deceased mother held legal title to. 		Probate and Trusts Jun. 1, 2007
Colburn v. The Northern Trust Co.
Creditor claims that would allow former wife and children to benefit from both testator's trust and dissolution judgment violate no-contest clause. 		Probate and Trusts May 29, 2007
Colburn v. The Northern Trust Co.
Creditor claims that would allow former wife and children to benefit from both testator's trust and dissolution judgment violate no-contest clause. 		Probate and Trusts May 28, 2007
Indyway Investment v. Cooper
Notice of appeal filed by non-attorney trustee is valid where trust obtains legal representation within reasonable time. 		Probate and Trusts Apr. 25, 2007
Hasso v. Hasso
In trust dispute, mother's pecuniary interests prevail over children's where distributed funds from corporation must be allocated to income. 		Probate and Trusts Apr. 5, 2007
Stewart v. Seward
Creditor's claim against estate does not toll statute of limitations for claim based on decedent's failure to effect promised distribution of his estate. 		Probate and Trusts Mar. 29, 2007
Estate of Odian
Probate Code Section 21350 bars all donative transfers to paid live-in caregiver and her sons. 		Probate and Trusts Mar. 28, 2007
Esslinger v. Cummins
Probate court properly directs trustee to provide information where beneficiary has standing to seek accounting. 		Probate and Trusts Mar. 20, 2007
Tunstall v. Wells
Trust's no contest clause does not violate public policy even though contest brought by one beneficiary revokes gifts to all. 		Probate and Trusts Mar. 20, 2007
Hasso v. Hasso
In trust dispute, mother's pecuniary interests prevail over children's where distributed funds from corporation must be allocated to income. 		Probate and Trusts Mar. 7, 2007
Young v. McCoy
Where trustee has permissibly exercised discretion to not pay beneficiary, court cannot compel payment from discretionary trust assets to satisfy restitution judgment. 		Probate and Trusts Mar. 7, 2007
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