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Grossman v. Wakeman
Attorney owed no duty of care to disinherited son and grandchildren where it was not clear that client intended his trust to benefit disinherited individuals. 		Attorneys, 2DCA/6 Sep. 6, 2024
Estate of Williams
Father's exclusion of other known children from trust indicated his intent to benefit only two named children, thereby precluding his unknown child's claim to a share of the estate. 		probate_and_trusts 4DCA/1 Aug. 22, 2024
Asaro v. Maniscalco
Settlement agreement did not release beneficiary's claims for breach of fiduciary duty against trustee of irrevocable trust. 		probate_and_trusts 4DCA/1 Jul. 15, 2024
Smith v. Myers
Amendment to trust did not constitute a "promise" or "agreement" subject to the one-year statute of limitations set forth in Code of Civil Procedure Section 366.3. 		probate_and_trusts 3DCA Jul. 12, 2024
Trotter v. Van Dyck
Decedent's emails seeking to amend her trust were not electronically "signed" writings under the Uniform Electronics Transaction Act because they did not constitute "transactions" as defined by the statute. 		probate_and_trusts 4DCA/1 Jul. 2, 2024
Key v. Tyler
A lack of no-contest clause in an amendment to a trust with a no-contest clause did not mean that assets under the amendment were exempt from forfeiture. 		probate_and_trusts 2DCA/2 May 29, 2024
Haggerty v. Thornton
A trust may be modified under Probate Code Section 15401 unless the instrument provides an explicitly exclusive method of modification, or otherwise expressly precludes the use of revocation procedures for modification. 		probate_and_trusts CASC Feb. 9, 2024
Newman v. Casey
While trial court properly issued restraining orders in elder abuse case, it exceeded its statutory authority by issuing a subsequent order voiding the transfer deed. 		probate_and_trusts 1DCA/1 Jan. 31, 2024
Estate of Flores
Probate Code Section 11700 proceeding determining persons entitled to estate did not foreclose or determine rights or interests of individual who had previously assigned his right to estate. 		probate_and_trusts 2DCA/3 Jan. 4, 2024
Hamilton v. Green
Descendant's civil challenge to a handwritten trust amendment was time-barred by 120-day statute of limitations because it was "an action to contest the trust." 		probate_and_trusts 2DCA/4 Jan. 2, 2024
Robinson v. Gutierrez
Free room and board were remuneration, so beneficiary of donative transfer was a care custodian, which gave rise to a presumption the transferring instruments were the result of undue influence. 		probate_and_trusts 3DCA Dec. 27, 2023
Spears v. Spears
Trial court erred in dismissing pro se son's creditor claims against his deceased father's trust as totality of circumstances evidenced son's intent to follow court directive. 		probate_and_trusts 1DCA/4 Dec. 21, 2023
Estate of Martino
Even though he was not decedent's biological or adopted child, decedent's former stepchild had standing to claim natural parentage heirship. 		probate_and_trusts 4DCA/1 Oct. 19, 2023
Colvis v. Binswanger
Corporation with trust as majority shareholder may be an interested party in probate proceedings regarding the trust if it has a claim or right that may be affected. 		probate_and_trusts 1DCA/5 Oct. 17, 2023
Stadel Art Museum v. Mulvihill
Trust's overall language did not mandate the immediate sale and distribution of trust assets but rather permitted trustee to exercise discretion. 		probate_and_trusts 1DCA/3 Oct. 13, 2023
Bailey v. Bailey
Potential beneficiary's petition to probate a will was timely because, although he received notice as a potential beneficiary, he did not receive notice of the original petition for letters of administration. 		probate_and_trusts 2DCA/6 Oct. 11, 2023
Estate of Sanchez
Non-attorney personal representative of estate proceeding without counsel in action filed on behalf of the estate that required representing the interests of others was an unauthorized practice of law. 		probate_and_trusts 6DCA Sep. 12, 2023
Estate of Berger
When the document's terms unambiguously support testamentary intent, probate courts may consider extrinsic evidence to evaluate testator's intent. 		probate_and_trusts 2DCA/2 May 31, 2023
McGee v. State Dept. of Health Care Services
Trial court's evaluation of disbursements from a special needs trust was based on an erroneously narrow interpretation of the term "special needs" and therefore constituted an abuse of discretion. 		probate_and_trusts 3DCA May 25, 2023
Diaz v. Zuniga
Purported amendment to trust was not valid where settlor failed to send it to the trustee via certified mail as required by the modification procedure provided in the trust instrument. 		probate_and_trusts 2DCA/4 May 23, 2023
Conservatorship of Tedesco
Probate court's order striking petition to vacate conservatorship was proper, given conservetee's lack of capacity and attempts by petitioner (conservetee's second wife) to influence changes to his estate in her favor. 		probate_and_trusts 4DCA/2 May 10, 2023
Pool-O'Connor v. Guadarrama
Successor trustee deeding himself trust property through an attorney's letter was an improper exchange or sale of property, not a distribution under the Probate Code. 		probate_and_trusts 5DCA Apr. 27, 2023
Zahnleuter v. Mueller
Trustee was properly surcharged for trust assets expended to defend amendment of trust providing gifts to trustee and his daughters because trustee did not participate in the litigation as a neutral trustee to defend and protect the trust. 		probate_and_trusts 3DCA Mar. 9, 2023
Breathe So. California v. American Lung Association
Sharing bequests between organizations not required despite income sharing provision in affiliate agreement because it would be incompatible with testators' stated intentions. 		probate_and_trusts 1DCA/5 Mar. 6, 2023
Estate of Franco
Family Code Section 7540(a)'s marital presumption requires a finding that the child was conceived and born while the parents were living together. 		probate_and_trusts 1DCA/3 Feb. 1, 2023
Wehsener v. Jernigan
California law applies to determine parentage when a person claims to be an heir of an intestate decedent who was domiciled in California when he died, even if the parent and child relationship was effectuated outside California. 		probate_and_trusts 4DCA/1 Dec. 29, 2022
Chui v. Chui
Minor wards may petition for removal of their guardian ad litem and once the minors reach adulthood the guardian's appointment should be terminated. 		probate_and_trusts 2DCA/1 Dec. 27, 2022
Parker v. Schwarcz
Plaintiff was not entitled to production of documents and communications from the temporary conservator of her estate since these items were not "real or personal property" under the Probate Code. 		probate_and_trusts 1DCA/3 Oct. 24, 2022
Estate of El Wardani
Decedent's wife could not be the court-appointed administrator for her husband's estate since she lived full time in Mexico and was not a U.S. resident. 		probate_and_trusts 4DCA/1 Sep. 1, 2022
Meiri v. Shamtoubi
Amended trust's no contest clause was enforceable against beneficiary's untimely petition to contest trust, as it was a direct contest under both Probate Code Section 21311(b) and the amended trust. 		probate_and_trusts 2DCA/3 Jul. 27, 2022
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