| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
H026400
|
Conservatorship of McDowell
Decedant's will beneficiary did not qualify as 'care custodian' under Probate Code. |
Probate and Trusts |
|
Jul. 12, 2005 | |
|
H026601
|
Sister Judith Lynn Gardenhire etc., v. Superior Court of Santa Clara County (Francesconi)
Decedent revoked trust by will before she died and regained ownership of property as individual. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
H026601
|
Gardenhire v. Superior Court (Francesconi)
Decedent revoked trust by will before she died and regained ownership of property as individual. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
B173522
|
Estate of Davies
Trust beneficiary's proposed objections do not constitute contest within meaning of no-contest clause. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
E036833
|
Lauermann v. Superior Court (Muongpruan)
Photocopy of will not personally executed by testator and witnesses is not duplicate of original. |
Probate and Trusts |
|
Jun. 20, 2005 | |
|
B172890
|
Bonta v. Arnold
Trust assets distributed solely to adult disabled child are exempt from Medi-Cal reimbursements. |
Probate and Trusts |
|
Apr. 8, 2005 | |
|
B170166
|
Estate of Thomas
Distribution to trust for which beneficiary already paid income tax was properly allocated as income rather than principal. |
Probate and Trusts |
|
Feb. 15, 2005 | |
|
B174022
|
Embree v. Embree
Former wife's attempt to enforce claim for lifetime annuity against beneficiaries of decedent's living trust is time-barred. |
Probate and Trusts |
|
Feb. 14, 2005 | |
|
G033133
|
Heaps v. Heaps
Based on trust terms, second wife must pay over assets that she thought were her deceased husband's to his children. |
Probate and Trusts |
|
Jan. 11, 2005 | |
|
B161317
|
Penny v. Wilson
Trustee's allocation of property to trust without consideration of appreciation in value was improper. |
Probate and Trusts |
|
Jan. 10, 2005 | |
|
B169057
|
Featherson v. Farwell
Where question about intent of testator to favor one child over another exists, attorney is not accountable to either child. |
Probate and Trusts |
|
Jan. 10, 2005 | |
|
B165402
|
Boranian v. Clark
Attorney who prepared will for testator had no duty toward client's 'intended beneficiary.' |
Probate and Trusts |
|
Jan. 10, 2005 | |
|
B167909
|
Estate of Coplan
Personal representative of estate did not violate no-contest clause by seeking compensation of administrative services. |
Probate and Trusts |
|
Jan. 9, 2005 | |
|
C045728
|
Estate of Goyette
Testator's reference in will to 'my money' included financial assets such as investments. |
Probate and Trusts |
|
Dec. 5, 2004 | |
|
C045573
|
Estate of Jones
Testator did not intend former stepdaughter to be residual beneficiary of his estate. |
Probate and Trusts |
|
Nov. 19, 2004 | |
|
B168103
|
Huscher v. Wells Fargo Bank
Probate court did not err in denying plaintiff's petition to determine he was beneficiary of family trust. |
Probate and Trusts |
|
Oct. 7, 2004 | |
|
A104772
|
In re Estate of Regli
Attempt by estate's beneficiaries to attack administrator's accounting is procedurally barred. |
Probate and Trusts |
|
Sep. 27, 2004 | |
|
S105600
|
Borissoff v. Taylor & Faust
Successor fiduciary of probate estate may bring professional negligence claim against attorneys hired by predecessor fiduciary. |
Probate and Trusts |
|
Aug. 23, 2004 | |
|
B162954
|
Arluk Medical Center Industrial Group, Inc. v. Dobler
Trustee has no duty to preserve trust assets for benefit of creditors who have claims pending against estate. |
Probate and Trusts |
|
Aug. 4, 2004 | |
|
B166989
|
Estate of DeLoreto
Adult adoptees cannot be considered grandchildren for purposes of distribution under testator's will. |
Probate and Trusts |
|
Jul. 30, 2004 | |
|
D042212
|
Estate of Miramontes-Najera
Widow is entitled to one-half of community property funds in pay-on-death accounts transferred without her consent. |
Probate and Trusts |
|
Jul. 29, 2004 | |
|
A098625
|
Estate of Davidson
Respondent's receipt of deceased's estate by will was not a result of undue influence. |
Probate and Trusts |
|
Jul. 29, 2004 | |
|
B163218
|
Union Bank of California v. Superior Court (Williams)
Repeal of statute that gave rise to conservatorship did not undo conservatorship. |
Probate and Trusts |
|
Jul. 28, 2004 | |
|
B168108
|
Ventura County Dept. of Child Support Services v. Brown
Court may compel trustee to make trust distributions for beneficiary's child support obligations. |
Probate and Trusts |
|
Jul. 26, 2004 | |
|
A093450
|
Borissoff v. Taylor & Faust
Successor executor does not have standing to sue previous executor's attorneys for malpractice for harm to estate. |
Probate and Trusts |
|
Jul. 14, 2004 | |
|
B158573
|
American Contractors Indemnity v. Saladino
Sureties' request to impress lien on funds of estate is premature because estate has not yet been made whole. |
Probate and Trusts |
|
Jul. 2, 2004 | |
|
D041026
|
Estate of Stoddart
Petitioner's claim of entitlement to distribution of trust is rejected and probate court's order is not appealable. |
Probate and Trusts |
|
Jul. 1, 2004 | |
|
B169892
|
Fortunato v. Superior Court (Ingrassia)
Son involved in dispute over father's estate is not required to disclose personal tax returns he submitted to obtain loan. |
Probate and Trusts |
|
Mar. 18, 2004 | |
|
B162289
|
Estate of Rabinowitz
Witness acknowledgment of husband's power of attorney is valid even after husband's death. |
Probate and Trusts |
|
Mar. 15, 2004 | |
|
G031499
|
Hansen v. Hansen
Personal representative of a decedent's estate who is unlicensed to practice law may not appear in propria persona on behalf of the estate on matters outside probate proceedings. |
Probate and Trusts |
|
Mar. 15, 2004 |
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