California probate courts may appoint guardians ad litem (“GALs”) to represent the interests of those who cannot speak for themselves, including minors. While Probate Code section 1003 provides for the appointment of GALs, it does not speak to their removal. A recently published opinion, Chui v. Chui (2022) ___Cal. App. 5th ___ (“Chui II”) attempts, in a very limited holding, to…

California courts may appoint guardians ad litem as helping hands to act for those unable to make their own decisions in litigated cases because they are minors or incapacitated adults.  For background, see our prior post.
Senate Bill 1279, effective January 1, 2023, clarifies and improves the rules governing the selection of guardians ad litem, commonly known as…

California trust and estate disputes often include claims that one or more family members have isolated or are isolating an elder for financial gain.  For example, Brother may have difficulty communicating with Mother and blame Sister for disabling or discouraging such contact.
Enter California Assembly Bill 1243.  Effective January 1, 2023, the Elder Abuse Act will allow interested parties…

Traditionally, the creation of a valid will, in California and elsewhere, required strict adherence to certain formalities.  Estate law has been tepidly moving away from requiring compliance with those formalities, with a goal of prioritizing the intent of the person creating the will (the “Testator”).  Nine states have gone so far as to enact laws that authorize electronic wills.
While…

What pea is in which pod?  California probate disputes often involve questions of property ownership.  Petitions filed under Probate Code section 850 allow judges to determine whether and to what extent an estate is the true owner of specified property.
Yet how far can Section 850 petitions be stretched?  In Parker v. Schwarcz (2022) ___ Cal.App.5th ___, the Court…

When an administrator (or executor) of a California estate is named in a judgment, the attorney drafting the judgment must be careful.  A person who acts in a representative capacity should be identified that way in the judgment – otherwise, the attorney may have to pursue a costly fix.
A recent probate case from San Joaquin County Superior Court illustrates…

Operators of skilled nursing facilities want their patients to enter into arbitration agreements.  While such agreements don’t eliminate the risk of litigation, they at least reduce the expense and exposure associated with potential jury trials.
California appellate courts, however, have taken an ever narrower view of who can sign arbitration agreements on behalf of patients.  Just over the last few years,…