Probate, Trusts & Estates

09 Sep When Must A Conservatee Demand a Jury Trial Under California’s Probate Code and Code of Civil Procedure?

Posted at 22:12h in Probate, Trusts & Estates by Mark McGuire

California law treats probate conservatorship cases as quasi-criminal because the appointment of a conservator has a profound impact on the liberty interests of the proposed conservatee. California Probate Code §1827 therefore grants a proposed conservatee the right to a trial by jury regarding appointment of...

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31 Aug When Good Trustees Make Mistakes, Courts Can Excuse Liability

Posted at 22:17h in Probate, Trusts & Estates by Mark Flory

Typically a trustee is liable to the beneficiaries when he or she commits a breach of trust harming the trust or its beneficiaries.  California Probate Code §16440(a) provides that a trustee is chargeable for a breach of trust that results in a loss in value...

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26 Aug Using Powers of Attorney To Prevent Elder Abuse

Posted at 22:19h in Probate, Trusts & Estates by Jack Osborn

Preventing elder abuse can begin with prudent estate planning while the elder is competent. More than twenty percent of seniors nationwide have fallen victim to financial abuse, according to the National Center on Elder Abuse Bureau of Justice Statistics. Sadly, family members are the perpetrators in...

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25 Aug California Supreme Court Delivers Bombshell: Opening Unambiguous Wills to Extrinsic Attack

Posted at 22:26h in Probate, Trusts & Estates by Mark McGuire

In a radical departure from both case law and common law, in July 2015 the California Supreme Court ruled that extrinsic evidence is admissible to reform an unambiguous will.  Estate of Duke, — Cal. 3d –, 190 Cal.Rptr.3d 295 (July 27, 2015). But if a will is...

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