Probate
Feb. 6, 2020
Much ado about standing
The California Supreme Court just reopened the probate court to disinherited trust beneficiaries.
Kevin Rodriguez
Partner
Wendel Rosen LLP
Email: krodriguez@wendel.com
Kevin is chair of the firm's Trust & Estates Litigation Practice Group.
Mathew John
Litigation Attorney
Wendel Rosen LLP
Email: mjohn@wendel.com
Mathew is a litigation attorney in the firm's Trust & Estate Litigation Practice Group.
In a generally welcomed decision, the California Supreme Court on Jan. 24 held in Barefoot v. Jennings, 2020 DJDAR 490, that previously named trust beneficiaries who were disinherited under a subsequent amendment do in fact have standing in probate court to challenge that amendment on the basis of incompetence, undue influence or fraud. While such actions in probate c...
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