Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume 1, Number 10   *   February, 2006  *  Contact Us  *  Join the T & E Section  *  Archived Issues


Trusts & Estates Bulletin is published monthly by the Trusts & Estates Section of the Los Angeles County Bar Association (LACBA).

David C. Nelson,
Loeb & Loeb LLP, Editor


(Cases appear in chronological order, with the oldest cases appearing first.) 

-Trusts and Estates-
Form power of attorney was not "properly completed" within meaning of Uniform Statutory Form Power of Attorney Act where principal placed an "x" rather than her initials on the line specifying the powers of the attorney-in-fact. Power of attorney was created where form, although not properly completed within meaning of uniform act, substantially complied with requirements of California law. Quitclaim deed executed by attorney-in-fact conveying principal’s property was not invalid under statute prohibiting attorney-in-fact from making "gift" of principal’s property absent express authorization to do so where party challenging conveyance failed to produce evidence that conveyance was unsupported by consideration.
Torres v. Torres - filed January 17, 2006, Second District, Div. Seven
Cite as 2006 SOS 197
Full text 

Where negligence action was brought against a single named defendant plus Does, named defendant was an alleged joint tortfeasor and was immune from claims for contribution and indemnity after entering into court-approved good faith settlement. Where trust attorney entered into court-approved good faith settlement of beneficiary’s negligence action, and trustee later sued attorney based on allegations that beneficiaries’ claims against him--which were factually related to claims by one of the beneficiaries in settled action against attorney--arose because of attorney’s acts and omissions, trustee’s action was effectively for contribution or indemnity and was barred as a result of the settlement. Denial of motion for summary judgment based on defense of good faith settlement is reviewable on appeal from final judgment regardless of whether defendant sought review by peremptory writ.
Gackstetter v. Frawley - filed January 25, 2006, Second District, Div. Five
Cite as 2006 SOS 412
Full text