Probate

The probate court correctly held that the decedent's emails and electronic answers to a questionnaire did not validly amend her revocable trust before her death.  The decedent did not sign the electronic writings.  And the Uniform Electronics Transactions Act (Civ. Code 1633.2 et seq.) did not apply to treat her electronic writings as "signed."  The UETA applies only to transactions… Read More

On a prior appeal in the same case, the Court of Appeal had held that Tyler’s judicial defense of the 2007 Amendment to her parents' Trust, an amendment that she had procured through undue influence constituted a direct contest of the Trust and that Tyler lacked probable cause to defendant that amendment.  Key v. Tyler (2019) 34 Cal.App.5th 505, 510. … Read More

If the revocable trust instrument specifies a method for modification, the trust may be modified via the Probate Code section 15401 procedures for revocation, including the statutory method, unless the trust instrument provides a method of modification and explicitly makes it exclusive, or otherwise expressly precludes the use of revocation procedures for modification.  (Prob. Code 15402.) Read More

A petition to determine heirship or beneficiary status and entitlement to distribution of a portion of a probate estate under Prob. Code 11700 is an entirely elective procedure.  A right to distribution is otherwise settled by the probate court's final order approving distribution of the estate.  Moreover, in a proceeding on a petition under section 11700, the court determines only… Read More

When a trust becomes irrevocable, the trustee must send a notice to all beneficiaries warning them that they have 120 days to bring any action to contest the trust.  (Prob. Code 16061.7.)  The 120-day limitation period for bringing an action to contest the trust is codified in Prob. Code 16061.8, which applies to any action challenging the validity of the… Read More

Under Probate Code 21380, a dependent adult's donative transfer to his or her  "care custodian" is presumed to have been the product of fraud or undue influence if the transfer is made in an instrument during the period the care custodian is serving in that capacity or 90 days before or after that period.  The statutory presumption of fraud or… Read More

When a trustee of an inter vivos trust does not initiate a proceeding under Prob. Code 19000 et seq. and there is no probate of the trustor's estate, a creditor of the estate may sue the trustee on the trustor's debt or file a petition against the trustee under Prob. Code 850 for any real or personal property that the… Read More

An unadopted stepchild may establish that the decedent was his parent for purposes of distribution of his intestate estate by proving the requirements set forth in either the Uniform Parentage Act (Fam. Code 7600 et seq.) which is incorporated by reference by Prob. Code 6453 or the separate requirements of Prob. Code 6454.  So the lack of a legal barrier… Read More

This decision holds that Prob. Code 448 and 1043 apply to trust proceedings, allowing interested parties that are not the trustee or the beneficiary to appear and object to a petition in a trust proceeding if it has a property right in or claim against a trust estate which might be affected by the proceeding. Read More

Three parcels of real property were owned 50-50 by two trusts established by different trustors and both were administered by the same trustee.  Charitable organizations were the sole beneficiaries of both trusts.  The museum that was the sole beneficiary of one of the trusts wanted the properties distributed in kind to avoid adverse tax consequences.  The beneficiaries of the other… Read More

While a trustee, executor or administrator may appear in pro per in requesting instructions from the court in fulfilling her duties, she may not, without a licensed attorney, represent the interests of the trust or estate beneficiaries in pursuing relief against third parties, whether she sues them in a separate action or in a proceeding in the probate court. Read More

Chase accepted a deposit from a decedent's estate and signed an acknowledgement of the court order establishing a blocked account requiring a court order for any withdrawal from the account.  The executrix was the sole authorized signer on the account.  After the executrix presented the bank with the court order approving her final account, the executrix withdrew and absconded with… Read More

A special needs trust is one established for a severely disabled person.  The trust is designed to supplement public assistance the beneficiary receives without rendering the beneficiary ineligible for that public assistance.  This decision holds that the trustee has discretion under a special needs trust to pay for goods and services for the beneficiary that are not supplied by public… Read More

Following Balistreri v. Balistreri (2022) 75 Cal.App.5th 511, this decision holds that if a trust provides a procedure or method for amending the trust, whether phrased as exclusive or optional, any amendment must conform to that procedure or method; otherwise it is invalid.  Prob. Code 15402’s “qualification ‘[u]nless the trust instrument provides otherwise’ indicates that if any modification method is… Read More

The trial court correctly surcharged defendant who was trustee of the decedent Pool's trust and held his power of attorney for funds that defendant deposited in a bank account held jointly with Pool rather than in a trust account for the benefit of the trust beneficiaries.  By depositing the funds in the joint account, defendant essentially made himself the death… Read More

The probate exception to federal court jurisdiction applies only  to cases in which the federal courts would be called on to “(1) probate or annul a will, (2) administer a decedent’s estate, or (3) assume in rem jurisdiction over property that is in the custody of the probate court.”  Goncalves v. Rady Children’s Hosp. San Diego, 865 F.3d 1237, 1252… Read More

A lawyer has a duty to a nonclient third party only if the client’s intent to benefit that third party (in the way the third party asserts in their malpractice claim) is “clear,” “certain” and “undisputed.”  Signs of the client's intent do not meet that high standard if there is ground for dispute as to whom the client wished to… Read More

Estate of Cornelious (1984) 35 Cal.3d 461 remains good law.  Under Probate Code 7540(a), a child is conclusively presumed to be issue of the man married to the child's mother, so long as the two were cohabiting at the time of conception and of birth.  Such a child is not allowed, at least for inheritance purposes, to prove that he… Read More

Ordinarily, the beneficiary of a revocable trust lacks standing to sue concerning the trust so long as the trustor is alive and can still revoke the trust.  However, the beneficiary may still have standing if the trustor is incompetent.  To establish standing, the beneficiary need only allege that the trustor is incompetent. Read More

Crane died in San Diego.  Jernigan claimed she was his heir by reason of her having been raised by relations, the Boodgoods, who raised Jernigan in Indiana and held her out as their daughter after she was abandoned by her natural parents.  Under Prob. Code 6453 and the Uniform Parentage Act (Prob. Code, 7611), Jernigan is presumed to be the… Read More