Probate & Estate Planning

Suing the suer is a common strategy in California civil litigation. A special motion to strike, known as an anti-SLAPP motion, can be a powerful weapon against such retaliatory litigation.  We have explained the use of such motions in trust and estate disputes. More specifically, we have explored the application of such motions to petitions to enforce no contest clauses

Can a California will sever a joint tenancy such that the decedent’s interest in real property passes per will’s terms instead of vesting in the surviving joint tenant(s)? Additionally, when a general partnership dissolves after the death of a partner’s spouse, does the deceased spouse’s estate have a community property interest in the distributed partnership assets?
The California Court of Appeal

On September 30, 2021, Governor Gavin Newsom signed California AB 1194 amending numerous statutes pertaining to conservatorships.  The following are highlights:
Internet Posting of Fees of Licensed Professional Fiduciary:  On or before January 1, 2023, an individual licensed as a professional fiduciary (LPF) by the State of California, and who has an internet website, is required to post on their

Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of Hudson v. Foster (2021) ___ Cal.App.5th ___, a recent California Court of Appeal decision involving a conservatorship.
The conservatee in this case consented to the conservator’s account and four years passed before the conservatee complained about its

Zachary Young is a private professional fiduciary with CMY Fiduciary Services in Sacramento.  His mother, Carolyn M. Young, began work as a fiduciary in 1986.  Zach received his bachelor’s degree in business and communications at Sacramento State University.  Zach joined his mother and sister, Lindsay Bowman, in the fiduciary business.  In 2012, he received his fiduciary license from California’s Professional

In the recently published case of Hudson v. Foster, 2021 Cal.App. LEXIS 737, the Court of Appeal for the Second Appellate District, Division Five, determined that a former conservatee who discovered that certain transactions in his conservator’s previously approved accounting were falsely reported, was under no obligation to comb through records to verify the truth of the representations made by