Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume 1, Number 8   *   December, 2005  *  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.) 

Code of Civil Procedure Sec. 364, which tolls limitations period for medical negligence action for 90 days if notice of intent to sue is served during last 90 days of the period, does not apply to claims brought under Elder Abuse Act.
Smith v. Ben Bennett, Inc. - filed November 10, 2005, Fourth District, Div. Two
Cite as 2005 SOS 5084

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-Trusts and Estates-
Probate court erred in dismissing conservator’s Elder Abuse Act complaint against conservatees’ caregivers without notice or hearing. Probate court exercising jurisdiction over conservatorship estate has jurisdiction to hear such claims, and if probate court elects not to do so, it must transfer the case to another part of the court.
Conservatorship of Kayle - filed October 19, 2005; publication ordered November 16, 2005, Second District, Div. Seven
Cite as 2005 SOS 5123
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-Trusts and Estates-
Probate Code Sec. 7642, under which public guardian pools funds of estates and obtains most favorable interest rates, then credits each estate with interest at highest rate it could have obtained if deposited in a separate account and transfers rest of interest to county general fund, does not unconstitutionally take property without just compensation.
Conservatorship of Key - filed November 22, 2005, Fifth District
Cite as 2005 SOS 5231
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