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Herren v. George S.
Elder Abuse Act restraining order was upheld where evidence fully supported that attorney used undue influence to obtain a $100,000 retainer fee agreement from medically-incompetent elder.
Trust and Estates, Attorneys 1DCA/3 Mar. 5, 2025
Estate of Tarlow
Probate Code Section 11700 conferred standing to trustee who, as devisee of a $20 million trust fund, had a claim regarding an estate's distribution.
Trust and Estates 2DCA/4 Mar. 3, 2025
Packard v. Packard
Where trust beneficiary was seeking to correct alleged mistake in trustor's expression of trust's intent, trial court erred in applying statute of limitations for contesting trust.
Trust and Estates 4DCA/1 Feb. 26, 2025
Callister v. James B. Church & Associates
Failure to advise a client to file a protective claim for a refund was not a protected activity under the anti-SLAPP statute.
Anti-SLAPP, Trust and Estates 4DCA/1 Jan. 23, 2025
Newell v. Superior Court (Rollins)
Petitioner's lis pendens on property bought with trust assets was proper because her probate claims affected title to the property.
Trust and Estates, Real Property 2DCA/7 Dec. 24, 2024
Godoy v. Linzner
A restraint on a beneficiary's ability to sell property to anyone but the other beneficiaries and only for well below market value was unreasonable.
Trust and Estates 2DCA/7 Nov. 15, 2024
Young v. Hartford
Trial court's Probate Code Section 15642(e) order suspending defendants trustee's and trust protector's powers was a provisional remedy, thus not final and appealable.
Trust and Estates 4DCA/3 Nov. 14, 2024
Modification: Hamlin v. Jendayi
Despite not being trustees or trust beneficiaries, probate court did not err in granting intestate heirs standing to contest trust provisions under Probate Code Section 17200.
Trust and Estates 1DCA/3 Nov. 14, 2024
Reich v. Reich
Because IRAs are nonprobate transfers, decedent's widow was not entitled to omitted spouse's share of decedent's IRA whose beneficiaries were separate trusts created by the decedent's testamentary trust.
Trust and Estates 2DCA/2 Oct. 28, 2024
Hamlin v. Jendayi
Despite not being trustees or trust beneficiaries, probate court did not err in granting intestate heirs standing to contest trust provisions under Probate Code Section 17200.
Trust and Estates 1DCA/3 Oct. 21, 2024