Trust on Trial

California Trust and Estate Litigation

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

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

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,

[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