Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section  *  Volume V, Number 4  *  December 2009 
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Case Summaries


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



Coming Events

December 15, 2009: California Legislation 2009. How Does It Affect Estate Planning, Trusts, Probate, Conservatorships and Guardianships? Register now. This luncheon event has become an annual tradition. James R. Bimberg and Mathew S. "Sandy" Rae Jr. provide an overview of the new legislation affecting estate planning, probate, conservatorships, and guardianships. The presentations include a view from the branch courts.

January 29, 2010: Trusts & Estates Symposium at the Omni Hotel. Save the date.

Special Court Tips

Note the Court Tips from Supervising Judge Mitchell Beckloff, Central District Probate. The judge offers tips for conducting business at court during these times of doubled schedules and furloughs.

A Compendium of Recent Cases

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

Trusts and Estates
Where two individuals entered into a real estate partnership acting in their capacity as trustee of a family trust, the partners were the individuals, not the trusts. A trust is a relationship by which one person or entity holds property for the benefit of another and is not a separate entity from its trustees; trustees act as individuals when carrying out trust business.
     Presta v. Tepper - filed October 28, 2009, publication ordered November 24, 2009, Fourth District, Div. Three
     Cite as 2009 SOS 6795
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Civil Procedure
Code of Civil Procedure Sec. 366.2’s one-year period of limitations for actions against a deceased person is applicable to fraud claims based on statements of a decedent on behalf of a trust of which decedent was trustor and trustee, even though fraud action is against successor trustee.
     1680 Property Trust v. Newman Trust - filed November 17, 2009, Second District, Div. Five
     Cite as 2009 SOS 6529
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Trusts and Estates
Trust beneficiary had standing to sue fellow beneficiary for aiding trustee in transferring property out of trust in breach of trustee’s duties. Trial court erred in failing to consider and make necessary findings as to whether plaintiff could recover from defendant under a theory that after trustee’s death, defendant--by holding herself out as trustee and purporting to perform trustee’s duties--became a trustee de son tort and could thus be held liable for breach of those duties.
     King v. Johnson - filed November 9, 2009, Fourth District, Div. One
     Cite as 2009 SOS 6416
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Los Angeles County Bar Association
2009-10 Trusts and Estates Section Newsletter
Amy L. McEvoy, Co-Editor,  David C. Nelson, Co-Editor,    Nelson J. Handy, Co-Editor

Jonathan L. Rosenbloom

Nelson J. Handy

Stuart D. Zimring

Stuart D. Zimring

Immediate Past-Chair
Laura Conti

Section Administrator
Elise Green


Michael A. Abraham
Jackson Chen
Susan J. Cooley
Kenneth A. Feinfield
Sibylle Grebe
Samuel D. Ingham III
Susan Jabkowski
Jane E. Kwon
Jamie Lee Kim

Kira S. Masteller
Amy L. McEvoy
Matthew W. Mc Murtrey
Nicole M. Pearl
Jacqueline Real-Salas
David P. Schwartz
Leigh A. Shipp
Gabrielle A. Vidal

Barristers Liaison, Laura Narimatsu Wasserman
Liaison Beverly Hills Bar Association, Trudi Sabel Schindler
Liaison Public Interest, Yolande P. Erickson
Ex Officio, James R. Birnberg
Ex Officio, Thomas H. Kenney
Ex Officio, Gary M. Ruttenberg

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.