|
A Compendium of Recent Cases |
|
Brought to you by LACBA's Trusts & Estates Section * Volume V, Number 4 * December 2009 |
|
www.lacba.org Contact Us Join the T & E Section Archived Issues |
|
Visit the Trusts and Estates Section Web page. |
IN THIS ISSUE:
|
|
|
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
Full text Back to Top
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
Full text Back to Top
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
Full text Back to Top
|
Los Angeles County Bar Association
2009-10 Trusts and Estates Section Newsletter |
| TRUSTS & ESTATES SECTION REVIEW Amy L. McEvoy, Co-Editor, David C. Nelson, Co-Editor, Nelson J. Handy, Co-Editor
|