Latest Publications

Share:

Wife's Undue Influence Over Changes Made to Husband's Trust Voids Changed Terms of the Trust

A California court of appeal affirmed a ruling voiding the terms of a trust after finding that there was ample evidence to support that the decedent's wife used undue influence over him to change the trust. The court held in...more

1/29/2014 - Estate Planning Trusts Undue Influence Claims Void and Unenforceable

Motion to Strike Under Anti-SLAPP Statute Erroneously Granted in Connection With Conversion, Unjust Enrichment and Breach of...

A motion to strike under California’s anti-SLAPP statute was filed in response to a lawsuit initiated by beneficiaries against a trustee and executor of an estate. The United States Court of Appeals for the Ninth Circuit...more

1/17/2014 - Anti-SLAPP Beneficiaries Breach of Duty Conversion Estate Planning Executors Fiduciary Duty Motion To Strike Trustees Unjust Enrichment

Update: California Supreme Court Rules That a No-Contest Clause in a Trust is Unenforceable Except Under Specific Circumstances

The California Supreme Court recently ruled in Donkin v. Donkin (December 26, 2013), that a challenge to the terms of a trust, in which beneficiaries were seeking interpretation and claiming fiduciary misconduct by trustees,...more

1/8/2014 - Fiduciary Duty No Contest Clause Trusts

Arbitration Agreement with a Care Facility is not Enforceable when not Authorized by the Patient Herself

A California court of appeal recently ruled that an agreement to arbitrate disputes between an elderly patient and a nursing facility was not enforceable. The arbitration agreement was signed by the daughter of the patient...more

11/4/2013 - Arbitration Arbitration Agreements Consent Patients Power of Attorney

Trustee of Property is not Liable for an Injury that Occurs on the Property When Trustee is not Personally at Fault

A California Court of Appeal ruled recently that a trustee of a property, where an injury occurred, cannot be found liable for the injury in the absence of a showing that the trustee was personally at fault for causing the...more

10/31/2013 - Bodily Injury Negligence Premises Liability Trustees

Life Insurance Company that Filed Interpleader Action to Determine How to Proceed With Benefits Resulting From a Homicide is...

In Farmers New World Life Insurance Company v. Rees (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., August 30, 2013), a California court of appeal considered whether a life insurance company that delayed paying benefits to the...more

9/16/2013 - Attorney's Fees Beneficiaries Death Benefits Homicide Legal Costs Life Insurance Pleadings

Law Firm is Barred From Representing New Client in a Dispute Over Will Drafted for a Former Client

Citing case law precedent, the court explained the process of determining whether a disqualifying conflict of interest exists. Where, as here, the potential conflict is one that arises from the successive representation of...more

8/15/2013 - Confidential Information Conflicts of Interest Disqualification

Bankruptcy Spurred By Court Judgment May Proceed For The Proper Purpose Of Reorganization; Judge's Adversarial Rulings And Remarks...

In In Re J. Howard Marshall (--- F.3d ----, C.A.9 (Cal.), June 28, 2013), the United States Court of Appeals considered the validity of a Chapter 11 bankruptcy filing. The bankruptcy had been challenged because it was...more

7/23/2013 - Bias Consumer Bankruptcy Debt Fraud Reorganizations

Trustee Could Void Sale Due To Mistake Discovered Before Delivery Of Deed

The California Supreme Court recently addressed the issue of whether a trustee may void a nonjudicial foreclosure sale of real property because the trustee discovered prior to the delivery of the deed to the highest bidder...more

7/23/2013 - Auction Bids Deeds Foreclosure Land Titles Mistake Sales Trustees

Frivolous Arguments Lead To Sanctions And Attorney Fee Award Against Defendant And His Law Firm

After protracted litigation in a probate matter was resolved in his favor, the trustee of an estate sued a trust beneficiary and his law firm for malicious prosecution. The defendants made a special motion to strike under the...more

7/22/2013 - Anti-SLAPP Attorney's Fees First Amendment Free Speech Frivolous Lawsuits Malicious Prosecution Motion To Strike Sanctions

Failure To Authenticate One Witness’s Signature Dooms Admission Of Will To Probate

A court of appeal recently addressed whether a will was properly admitted to probate. The will contained a regular and complete attestation but only the genuineness of the signature of the decedent and one of the two...more

6/13/2013 - Probate Signatures Wills Witness

Federal Law That Provides Death Benefits Be Paid To Named Beneficiary Pre-empts State Law

In Hillman v. Maretta (--- S.Ct. ----, U.S.Va., June 3, 2013), the United States Supreme Court considered whether a state law that provides death benefits from an insurance policy be paid to a current spouse, even if a prior...more

6/13/2013 - Beneficiaries Divorce FEGLIA Life Insurance Preemption Surviving Spouse

Drafter Of A Will Who Is Related By Marriage To The Transferor At The Time Of The Drafting, But Not At The Time Of Death, May Be A...

In Estate of Lira (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., December 26, 2012), a California court of appeal considered whether statute allows an attorney who was related by marriage at the time of the drafting of a will, but...more

2/5/2013 - Beneficiaries Divorce Drafting Attorney Wills

When Statutes Of Limitations Conflict, Newer And More Specific Statute Takes Precedence Allowing Lawsuit To Proceed

In Allen v. Stoddard (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., January 9, 2013), a California Court of Appeal considered how to resolve a conflict between two statutes that provide for different time periods during which a...more

1/28/2013 - Domestic Partnership Estate Claims Statute of Limitations

Beneficiaries Of Trust Have Standing To Sue Trustee For Breach Of Fiduciary Duty That Occurred During Settlor’s Lifetime

In Estate of Giraldin (--- P.3d ----, Cal., December 20, 2012), the California Supreme Court considered whether beneficiaries of a trust, following the settlor’s death, had standing to sue the trustee for breach of fiduciary...more

1/14/2013 - Beneficiaries Fiduciary Duty Revocable Trusts Standing Trustees

Marriage Does Not Alter Or Nullify Terms Of Previous Domestic Partnership Agreement Between Couple

In Estate of Wilson ( --- Cal.Rptr.3d ----, Cal.App. 1 Dist., December 13, 2012), a California court of appeal considered whether the marriage of a same-sex couple, during the period when same-sex marriages were allowed in...more

12/28/2012 - Domestic Partnership Domestic Partnership Agreements Same-Sex Marriage Waivers Wills

Assignee Judgment Creditor May Apply For And Receive Property Held By The State Controller Pursuant To The Unclaimed Property Law

In Weingarten Realty Investors v. Chiang (Cal. App. 4th, December 19, 2012), a California court of appeal considered whether a judgment creditor could claim property being held by the State Controller’s office on behalf of...more

12/28/2012 - Abandoned Property Assignments Judgment Creditors

17 Results
|
View per page
Page: of 1