Trusts & Estates Law Blog

Tag Archives: beneficiaries

Casebriefs – How Recent Decisions Could Impact You

Posted in Estate and Trust Planning
In our monthly department meetings, the trusts and estates group at Weintraub keeps current by reviewing recent cases and discussing how they could affect our practice. See below for some highlights from the past few months: Pena v. Dey – When is Self-Help Enforceable? (Filed August 30, 2019) The gist: James Robert Anderson established a… 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