Trusts & Estates Law Blog

Category Archives: Probate and Elder Abuse Litigation

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Weintraub Tobin Welcomes New Associate Laurel Dein

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation, Taxation, Trust
I am excited to announce that we have a new member on our Trusts and Estates team!  Laurel E. Dein has joined our Sacramento Office as an Associate.  Laurel’s practice focuses on all aspects of estate planning, including the preparation and implementation of both foundational and sophisticated trusts, wills, powers of attorney, health care documents,… Continue Reading

Celebrity Trusts & Estates: Another Battle in the Saga of Bing Crosby’s Right of Publicity Comes to an End

Posted in Probate and Elder Abuse Litigation
Over thirty-five years after Bing Crosby’s death, the California Court of Appeal put an end to the continuing battle over the Crooner’s right of publicity. I Can’t Begin to Tell You In 1930, Harry Lillis Crosby—nicknamed Bing for his love of a newspaper parody, “The Bingville Bugle”—married first wife, Wilma Wyatt (known professionally as Dixie… Continue Reading

Trusts & Estates Case Alert: Another California Appellate District Adopts Anderson v. Hunt Reasoning in Assessing Capacity to Execute a Trust Instrument

Posted in Estate and Trust Planning, Probate and Elder Abuse Litigation
The California Court of Appeal for the Sixth Appellate District issued a ruling Tuesday in Lintz v. Lintz, 2014 Cal. App. LEXIS 27 (6th Dist. January 14, 2014) adopting the reasoning of the Second Appellate District regarding the standard for legal capacity to execute a trust instrument (as announced by the Second Appellate District in… Continue Reading

Celebrity Trusts & Estates: Casey Kasem Conservatorship Battle Highlights the Need for Clarity Regarding Control over Visitation

Posted in Probate and Elder Abuse Litigation
Family Drama Casey Kasem’s three adult children from his first marriage have spent the last several months in L.A. County Superior Court fighting their stepmother, Jean, for control of their father’s personal affairs through a conservatorship proceeding. Casey’s daughter Julie originally filed a petition seeking to be appointed conservator of her father based on claims… Continue Reading

When Applying the 120-Day Statute of Limitations Under Probate Code § 16061.8, When is a Trust Contest “Brought?”

Posted in Probate and Elder Abuse Litigation
When it comes to heading-off potential lawsuits, one of the most powerful weapons in a trustee’s arsenal is the “notification by the trustee.” By sending this notice to beneficiaries and heirs, the trustee can cut the timeframe for filing a trust contest down to a mere 120 days. Because of this, a solid understanding of… Continue Reading

Don’t Make the Grave Mistake of Killing Your Appeal from an Order of the Probate Court

Posted in Probate and Elder Abuse Litigation
In most California civil cases, a party generally must wait until a trial court issues a final judgment before he or she can get through the doors of the Court of Appeal.  While there are a few exceptions, this rule (sometimes called the one-final-judgment rule) prevents litigants from complaining to the appellate court about every… Continue Reading

In Trust Disputes Where Competency of the Settlor is an Issue, Waiting Until After the Settlor’s Death to File A Trust Contest Can be Fatal

Posted in Probate and Elder Abuse Litigation
Trust beneficiaries and litigators beware: the recent case of Drake V. Pinkham ((2013) 217 Cal.App.4th 400) highlights the dangers of waiting to file a trust contest until after the settlor’s death when questions regarding the settlor’s competency arise during the settlor’s lifetime. Typically, revocable trusts are just that – revocable. A settlor can modify or… Continue Reading

Mother Lacked Standing to Appeal Probate Court’s Order Relating to Her Son’s Rights

Posted in Probate and Elder Abuse Litigation
In Conservatorship of Gregory D., (“Gregory D.”), the Court of Appeal considered whether the mother of a conservatee had standing to appeal an order that, among other things, set a visitation schedule for her son, an adult conservatee.  The Court of Appeal determined that the mother did not have standing to appeal, as she had… Continue Reading

Court Clears Up Confusion Regarding the Limitations Period to File A Lawsuit Based On A Promise To Make A Will

Posted in Probate and Elder Abuse Litigation
The recent case of  Allen v. Stoddard (2012) 212 Cal.App.4th 807 has highlighted at least one pitfall regarding filing a claim against an estate. The Allen court has pointed out that Probate Code section 9353 (“Section 9353”), which imposes a deadline of 90 days in which to file a lawsuit against an estate on a rejected… Continue Reading

Is Someone Wrongfully Interfering With Your Expected Inheritance?

Posted in Probate and Elder Abuse Litigation
California has joined the majority of states in allowing individuals to file a lawsuit against those who have intentionally and wrongfully interfered with their expected inheritance. The new tort of Intentional Interference with Expected Inheritance (“IIEI”) came about from the recent California appellate court case of Beckwith v. Dahl (2012) 205 Cal.App.4th 1039 (“Beckwith”).  In… Continue Reading