Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section  *  Volume IV, Number 9  *  May 2009 
An E-Publication of the Los Angeles County Bar Association

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IN THIS ISSUE:


Case Summaries

 

Trusts & Estates Bulletin is published monthly by the Trusts & Estates Section, Co-Editors:
- David C. Nelson, Loeb & Loeb LLP, dnelson@loeb.com,
- Amy L. McEvoy, Sheppard Mullin, AMcEvoy@sheppardmullin.com
- Nelson J. Handy, Fiduciary Law Services, Inc., nelson@fidls.com

 

 

Coming Event

May 14, 2009:  Intellectual Property Nuts & Bolts Spring Program. Earn 3 hours of CLE credit.


A Compendium of Recent Cases

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


-Trusts and Estates-
Proposed petition by successor trustee to marshal assets in two trusts fell within safe harbor of no-contest provision.
      Bradley v. Gilbert - filed April 1, 2009, Second District, Div. Seven
     Cite as 2009 SOS 1942

    
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-Trusts and Estates-
Time limit for admitting new or competing wills to probate under Probate Code Sec. 8226(c) does not apply to proponent of a will who did not receive notice of the petition for letters of administration.
      Kelly v. Human Rights Campaign, Inc. - filed April 1, 2009, Third District
     Cite as 2009 SOS 1947
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-Trusts and Estates-
Where plaintiffs obtained judgment against estate's administrator in action for negligence of deceased--which allegedly resulted in plaintiff's being shot by deceased's estranged husband--, administrator assigned her rights under deceased's insurance policy to plaintiffs, and plaintiffs then presented claim against administrator in probate court for the amount of judgment pursuant to covenant not to execute against estate's assets, probate court did not abuse its discretion in determining that insurer was an interested person with standing to petition the court to remove administrator and determine that claim was invalid. Probate court correctly determined that estate administrator and insurer were estopped from asserting that the failure of plaintiffs in negligence action to file a timely probate claim bars relief against insurer for bad faith failure to defend in negligence action. Having refused to defend estate in negligence action, insurer was barred from attacking judgment in that action, except by proving, in bad faith action, that the judgment was a product of collusion between plaintiff and administrator.
     Estate of Prindle - filed April 20, 2009, Third District
     Cite as 2009 SOS 2214
    
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-Family Law-
Where heir of decedent's estate sought and obtained an order appointing her administrator and determining that the decedent died intestate, and after later finding a holographic will of the decedent filed a petition to admit the will to probate more than five months after the determination of intestacy and more than three months after discovering the will, trial court properly denied petition on ground it was untimely.
     Estate of Earley - filed April 24, 2009, Second District, Div. One
     Cite as B209782

    
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Los Angeles County Bar Association
2008-09 Trusts and Estates Section Newsletter
TRUSTS & ESTATES SECTION REVIEW
Amy L. McEvoy, Co-Editor,  David C. Nelson, Co-Editor,    Nelson J. Handy, Co-Editor

SECTION OFFICERS
Chair
Laura G. Conti

Vice-Chair
Jonathan L. Rosenbloom

Treasurer
Nelson J. Handy

Secretary
Nelson J. Handy

Immediate Past-Chair
David C. Nelson


Section Administrator
Elise Green

EXECUTIVE COMMITTEE MEMBERS

Michael A. Abraham
Susan J. Cooley
Tala R. Davis
Linda N. Deitch
Sibylle Grebe
Samuel D. Ingham III
Susan Jabkowski

Lawrence J. Kalfayan
Thomas H. Kenney
Jamie Lee Kim
Jane E. Kwon
Matthew W. Mc Murtrey
Amy L. McEvoy
Jacqueline Real-Salas
Leigh Shipp
Kira S. Vincze
Stuart D. Zimring


SUB-SECTION MEMBERS
Barristers Liaison, Laura Narimatsu Wasserman
Liaison Beverly Hills Bar Association, Trudi Sabel Schindler
Ex Officio, James R. Birnberg
Ex Officio, John M. Byrne
Ex Officio, Leslie A. Parrish
Ex Officio, Nancy B. Reimann

Readers are advised that changes in the law may affect the accuracy of this publication or the functionality of links after the publication date.
 
The foregoing practice tips were prepared for information purposes only.  Such practice tips do not constitute tax, legal or other advice and no responsibility is assumed for any reliance upon them or with respect to assessing or advising the reader as to tax, legal, or other consequences arising from a particular situation. The accuracy of the information provided should be independently verified by the reader and should not be treated as authoritative.