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Name Category Published
Estate of Burden
For purposes of intestate succession, paternity determination is based on existence of clear and convincing evidence that natural father 'acknowledged' his child. 		Probate and Trusts Jan. 24, 2007
Hearst v. Ganzi
Proposed petition against trustees for breach of fiduciary duty violates no contest clause of will. 		Probate and Trusts Dec. 20, 2006
Esslinger v. Cummins
Probate court properly directs trustee to provide information where beneficiary has standing to seek accounting. 		Probate and Trusts Dec. 4, 2006
Laycock v. Hammer
Life insurance policy proceeds are not available to decedent's creditors where proceeds were property of trust. 		Probate and Trusts Nov. 28, 2006
Bernard v. Foley
Trust beneficiaries who were care custodians of decedent failed to rebut presumption that donative transfer was procured by undue influence. 		Probate and Trusts Nov. 16, 2006
Reilly v. City and County of San Francisco
There was change in ownership of real property held by testamentary trust when beneficiary died and was succeeded by another beneficiary. 		Probate and Trusts Nov. 6, 2006
Estate of Stevenson
Award for attorney fees was properly reduced pursuant to improperly noticed fee agreement that did not qualify as contingency agreement under Probate Code. 		Probate and Trusts Oct. 25, 2006
Zwirn v. Schweizer
Plaintiff's creditor's claim pursuant to alleged oral contract constitutes 'contest' prohibited by no-contest clauses in will and trust. 		Probate and Trusts Oct. 24, 2006
Estate of Dehgani-Fard
Court improperly allocated income tax responsibility to all beneficiaries of estate where university had tax exempt status. 		Probate and Trusts Oct. 23, 2006
Thomas v. Gustafson
Surviving spouse's assets may be considered in determining whether principal of trust can be invaded to provide for her support. 		Probate and Trusts Oct. 17, 2006
Bernard v. Foley
Trust beneficiaries who were care custodians of decedent failed to rebut presumption that donative transfer was procured by undue influence. 		Probate and Trusts Oct. 15, 2006
Estate of Saueressig
Signature of witness affixed after testator's death did not satisfy statutory requirement for valid will. 		Probate and Trusts Oct. 4, 2006
Estate of Rossi
In probate case, trust amendment's validity may be challenged where trust's no contest clause does not identify such action as violating clause. 		Probate and Trusts Sep. 27, 2006
Conservatorship of Hume
Court's approval of conservator's accounting is not proper where accounting failed to list out-of-state property as asset of estate. 		Probate and Trusts Sep. 6, 2006
Estate of Myers
Probate Code Section 850 allows estate creditor to pursue fraudulent conveyance claim within probate proceeding itself. 		Probate and Trusts Aug. 30, 2006
Marshall v. Marshall
Federal court had jurisdiction over Anna Nicole Smith's case in which she claimed tortious interference with gift against her deceased husband's son. 		Probate and Trusts Aug. 10, 2006
Conservatorship of Kane
Probate Code Section 2580 provides authority for court to create special needs trust in order to preserve right to receive public benefits. 		Probate and Trusts Aug. 7, 2006
Estate of Covington
In will contest case involving member of Indian tribe, documents relating to preparation of will are inadmissible under attorney-client privilege. 		Probate and Trusts Aug. 4, 2006
Finkbeiner v. Gavid
Trustee could appear in propria persona to modify and terminate trust where administrative cost and size of trust estate were disproportionate. 		Probate and Trusts Jul. 10, 2006
Estate of Sauressig
Witness to execution of will can fulfill signature requirement after testator's death. 		Probate and Trusts Jun. 21, 2006
Estate of Rossi
In probate case, trust amendment's validity may be challenged where trust's no contest clause does not identify such action as violating clause. 		Probate and Trusts Jun. 13, 2006
Torres v. Torres
Valid power of attorney was created despite principal placing 'X' instead of her initials next to line in statutory form conferring powers. 		Probate and Trusts Apr. 7, 2006
Estate of Ford
Foster child who failed to establish equitable adoption is not entitled to inherit intestate estate. 		Probate and Trusts Feb. 6, 2006
Estate of Hughes
Probate court may not guess at future income tax consequences for some beneficiaries and impose current charges to others to ameliorate consequences. 		Probate and Trusts Dec. 29, 2005
McIndoe v. Olivos
Contest to survivor's trust does not constitute contest to exempt trust though both resulted from same original trust. 		Probate and Trusts Nov. 16, 2005
Terry v. Conlan
Trustee is not permitted to use trust income to pay attorney fees incurred in asserting personal position in dispute over trust. 		Probate and Trusts Nov. 15, 2005
Maffei v. Woodlawn Memorial Park
Spouse may not disinter and cremate deceased spouse's remains 20 years after burial. 		Probate and Trusts Sep. 26, 2005
McIndoe v. Olivos
Contest to survivor's trust does not constitute contest to exempt trust though both resulted from same original trust. 		Probate and Trusts Sep. 26, 2005
David v. Hermann
Trust amendment triggered by sister's misrepresentations to mother about other sister is invalid. 		Probate and Trusts Aug. 19, 2005
Estate of Coleman
Former wife may not inherit decedent's property under will or act as trustee of trust incorporated by default clause of will. 		Probate and Trusts Aug. 9, 2005
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