The Legislature and courts endeavor to create well-defined laws, lest we devolve into the governance of Emperor Nero, who reputedly posted edicts high atop columns so as to be painfully difficult for the masses to read. As Nero surely knew, clarity in the law is critical for people to know how to act, especially when far-reaching consequences are at play.
Latest from Trust on Trial
Making Peace in Mediation – A Conversation with Daniel Spector
Daniel Spector has litigated trust and estate cases in Northern California since the early 1990s. He is now focusing his practice on mediating trust and estate disputes across California, working with Judicate West. Dan is a colleague on the Executive Committee of the Trusts and Estates Section of the California Lawyers Association, and I thank him for sharing his
Fraud Claims May Reopen Court-Approved Accountings
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
Zach Young, Second Generation Fiduciary, Helps Families with Transitions
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
California Court Reconciles Ownership Presumptions in Probate Disputes
When Dad bought a house solely in his name, can Stepmother claim a community property interest after Dad has died? Perhaps yes. The answer lies at tricky intersections of California probate law and family law. While family law governs spouses during their lifetimes and upon divorce, the death of one spouse complicates the picture.
In Estate of Wall (2021) ___
“California Trustee Removal Litigation and Mediation” Podcast
California trust disputes often involve allegations that trustees should be removed and suspended because they are acting improperly or have conflicts of interest.
Attorney Denise Chambliss, author of an informative article on trustee removal, spoke with me on Trust Me!, the podcast of the Trusts and Estates Section of the California Lawyers Association. Joining us was Retired Judge
Fog Warning – Has One Bad Actor Made It Harder to Get Evidentiary Hearings?
There’s a saying amongst attorneys that “bad facts make bad law.” By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing. That’s arguably what happened in Conservatorship of Farrant (2021) ___ Cal.App.5th ___, a decision issued this month by the California Court of Appeal. And make no mistake,
Disney Grandson Languishes in the “Unhappiest Place on Earth”
While Disneyland may be the “Happiest Place on Earth,” a California probate court may be the opposite for a Disney heir, mused the U.S. Court of Appeals in Lund v. Cowan (9th Cir. 2021) ___ F.3d ___. Bradford Lund, a 50 year-old grandson of Walt Disney, sued the probate judge who rejected a settlement agreement that would have allowed
“Inheritance Forgery” Podcast – Theft from Tigers Averted
Fort Hayes State University in Kansas, home of the Tigers, almost lost a $20 million donation because of a forged codicil (amendment) to the will of Earl Field. Earl was a World War II pilot, successful businessperson, and booster of FHSU. He died in 2013 at the age of 98. The forgery was proven only after a murder-suicide of two
Will California SB 315 Improve Revocable Transfer on Death Deeds?
[Editor’s Note: Lauren Murvihill is a summer associate at Downey Brand. She is a student at UC Davis School of Law.]
The thrifty do-it-yourselfers among us might jump at the opportunity to transfer their family home to their kids while avoiding probate and the expense of creating a trust. Revocable Transfer on Death Deeds, or RTODDs, have allowed for this