A Compendium of Recent Cases

Cases appear in chronological order, with the oldest case appearing first.

-Trusts and Estates-
Because preparation of an accounting and responding to beneficiaries' objections to that accounting were aspects of trust administration, and attorney hired by trustee to aid in administering trust was entitled to reasonable fees, trial court did not abuse its discretion in ordering reasonable attorney fees be paid from trust assets as fees were incurred before a determination was made as to validity of beneficiaries’ objections. Nothing in Probate Code or case law required attorney to await a final adjudication of beneficiaries' claims against trustee to receive compensation. Probate court had authority to order beneficiaries to return a portion of distributed trust assets to compensate trustee’s attorneys in ongoing dispute over accounting because trustee had an inherent and equitable right to be reimbursed all expenses incurred in trust’s execution, although beneficiaries can seek reimbursement from trustee at conclusion of case should beneficiaries prevail on claim against trustee for breach of fiduciary duty and excessive expenses.
     Kasperbauer v. Fairfield - filed January 26, 2009, Second District, Div. Six
     Cite as 2009 SOS 528
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-Trusts and Estates-
Spouse's written premarital waiver of inheritance rights, signed by spouse and complying with Probate Code Sec. 144, was enforceable regardless of whether the document containing the waiver was enforceable as a prenuptial agreement under Family Code Sec. 1615.
     Estate of Will. - filed January 27, 2009, Second District, Div. Six
     Cite as 2009 SOS 571
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-Trusts and Estates-
Where state prison inmate embarked on a hunger strike based on delusional beliefs, inmate’s decision was not based on a rational thought process, and therefore, under Probate Code, inmate lacked mental capacity to refuse nourishment and medication prison doctors sought to compel inmate to take.
     Conservatorship of Burton - filed January 28, 2009, Fifth District
     Cite as as 2009 SOS 621
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