Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume 1, Number 6   *   October, 2005

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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
dnelson@loeb.com

 

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

-Trusts and Estates-
Proposed conservatee has no constitutional or statutory right to self-representation in proceedings to declare that person gravely disabled and establish conservatorship. Trial court did not abuse discretion in denying proposed conservatee’s request for self-representation where his conduct, both in and out of court, supported conclusion that he was gravely mentally disabled.
Conservatorship of Joel E. - filed August 31, 2005, Third District
Cite as 2005 SOS 4331
Full text http://www.metnews.com/sos.cgi?0905%2FC046017


-Trusts and Estates-
Where decedents created a living trust, the terms of which allowed trustors to amend the trust during their lifetimes with the provision that upon death of a trustor, the original trust was to be divided into a survivor's trust that could be amended or revoked and an exempt trust that could not be amended or revoked, trial court correctly ruled that beneficiary’s proposed contest to the amendments of the survivor's trust would not constitute a contest to the exempt trust and would thus not--under the no-contest clause made applicable to all of the trusts under terms of the original trust--preclude beneficiary from taking under the exempt trust.
McIndoe v. Olivos - filed August 31, 2005, Fourth District, Div. One
Cite as 2005 SOS 4335
Full text http://www.metnews.com/sos.cgi?0905%2FD045285