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Name Category Published
Bruno v. Hopkins
Trial court has jurisdiction to award attorneys' fees against party who sought to remove the trustee of a trust in bad faith. 		probate_and_trusts 6DCA Jun. 16, 2022
Welch v. Welch
Surviving spouse's right to inherit from deceased spouse was waived when the circumstances evinced that the marital separation agreement was a complete property settlement. 		probate_and_trusts 2DCA/5 Jun. 2, 2022
Autonomous Region of Narcotics Anonymous v. Narcotics Anonymous World Services Inc.
Probate Code Section 15800 did not provide standing for a regional delegate to sue trustee when the regional delegate is one of many groups that collectively constituted the trust's settlor. 		probate_and_trusts 2DCA/8 Apr. 27, 2022
Modification: Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law. 		probate_and_trusts 2DCA/1 Mar. 30, 2022
Chui v. Chui
A settlement agreement was not unconscionable because appellant's theory of "winning by losing at trial" was based on a misconception of law. 		probate_and_trusts 2DCA/1 Mar. 7, 2022
Balistreri v. Balistreri
Under Probate Code Section 15402, when a trust specifies a method of amendment, that method must be followed for the amendment to be effective. 		probate_and_trusts 1DCA/3 Feb. 28, 2022
Ring v. Harmon
An estate's personal representative has standing to bring a financial elder abuse claim in her individual capacity. 		probate_and_trusts 4DCA/2 Dec. 16, 2021
Haggerty v. Thornton
Amendment to a trust was valid because the trust did not distinguish between revocation and modification, did not reject the general rule, and was not explicitly exclusive. 		probate_and_trusts 4DCA/1 Sep. 20, 2021
Pearce v. Briggs
Because a will's operative language did not reflect an unequivocal intent to irrevocably sever a joint tenancy, the joint tenancy interest was not severed. 		probate_and_trusts 5DCA Sep. 2, 2021
Estate of Wall
Evidence Code Section 662 prevails over Family Code Section 760 when determining character of decedent's real property in probate matter. 		probate_and_trusts 3DCA Aug. 26, 2021
Amended Opinion: Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court. 		probate_and_trusts 2DCA/6 Jul. 8, 2021
Dunlap v. Mayer
Probate court abused its discretion when it dismissed petition at case management conference, without evidentiary hearing to resolve contested facts. 		probate_and_trusts 4DCA/1 Apr. 27, 2021
Amended Opinion: Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court. 		probate_and_trusts 2DCA/6 Apr. 7, 2021
Eyford v. Nord
Trial court properly denied petition to invalidate appellants' grandmother's trust because evidence showed grandmother was lucid in period when she signed her trust. 		probate_and_trusts 1DCA/3 Mar. 22, 2021
Keading v. Keading
Probate Code Section 859 authorizes double damages for elder financial abuse without requiring separate finding of bad faith. 		probate_and_trusts 1DCA/3 Feb. 22, 2021
Breslin v. Breslin
Defendants forfeited their interest in settlement between appearing beneficiaries when defendants failed to participate in mediation ordered by probate court. 		probate_and_trusts 2DCA/6 Jan. 28, 2021
Modification: Capra v. Capra
Trial court erred by concluding that probate court had 'exclusive jurisdiction' under Probate Code Section 17000 over plaintiff's wrongful ownership claim. 		probate_and_trusts 3DCA Jan. 20, 2021
Capra v. Capra
Trial court erred by concluding that probate court had 'exclusive jurisdiction' under Probate Code Section 17000 over plaintiff's wrongful ownership claim. 		probate_and_trusts 3DCA Dec. 24, 2020
Modification: Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. 		probate_and_trusts 3DCA Oct. 20, 2020
Gomez v. Smith
Trial court applied correct legal standard for mental capacity under Probate Code Sections 811 and 812. 		probate_and_trusts 3DCA Sep. 24, 2020
Rallo v. O'Brian
Trustor was not prevented from expressing his intent to disinherit potential heirs living at the time--even if unknown to trustor--by including general disinheritance clause in his trust. 		probate_and_trusts 2DCA/3 Aug. 5, 2020
Estate of Timothy W. Eimers
Where trust beneficiary creates will giving away his trust shares without specifically referring to power of appointment as required by trust, court may not amend will to include 'specific reference.' 		probate_and_trusts 2DCA/8 May 19, 2020
Tubbs v. Berkowitz
Successor trustee's power of appointment enabled him to act in non-fiduciary capacity, thus permitting him to transfer trust assets to himself. 		probate_and_trusts 4DCA/3 Apr. 9, 2020
Donkin v. Donkin
Trustees seeking instructions from probate proceedings in order to effectuate intent of trustor may represent themselves without engaging in unauthorized practice of law. 		probate_and_trusts 2DCA/1 Apr. 7, 2020
Wilkin v. Nelson
Substantial evidence supported probate court's decision to equitably reform pour-over will to provide for testamentary control and disposition of testator's separate property only. 		probate_and_trusts 2DCA/6 Mar. 2, 2020
Roth v. Jelley
When the rights of beneficiaries to a trust are inevitably affected, they are entitled to notice and are indispensable parties. 		probate_and_trusts 1DCA/2 Feb. 26, 2020
Barefoot v. Jennings
Probate Code Sections 17200 and 17202 grant standing to a petitioner who seeks to invalidate trust amendments procured through fraud, if the challenge would render the petitioner a trust beneficiary. 		probate_and_trusts CASC Jan. 24, 2020
Sachs v. Sachs
Transferor's contemporaneous record which kept track of amounts he distributed to beneficiaries satisfied requirements of Probate Code Section 21135. 		probate_and_trusts 2DCA/6 Jan. 8, 2020
Modification: Placencia v. Strazicich
Probate court did not err by denying petitioner's right of survivorship to joint bank account because decedent left clear statements in his will that he did not want petitioner to have the right of survivorship. 		probate_and_trusts 4DCA/3 Dec. 26, 2019
Placencia v. Strazicich
Probate court did not err by denying petitioner's right of survivorship to joint bank account because decedent left clear statements in his will that he did not want petitioner to have the right of survivorship. 		probate_and_trusts 4DCA/3 Dec. 2, 2019
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