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A Compendium of Recent Cases |
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Brought to you by LACBA's Trusts & Estates Section * Volume V, Number 5 * January 2010 |
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IN THIS ISSUE:
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Coming Events January 13, 2010: PVP Brown Bag "Help Us Help You." The Los Angeles Superior Court’s probate attorneys will discuss a broad range of topics, including preparing and submitting orders, appointments in civil courts, Heggstad petitions, accounting issues, and gripes and tips. They will also answer questions from attendees. "Funding the Subtrusts"–the mechanics of funding; addressing the survivor's needs; creditor protection planning; funding formulas; funding with difficult assets; estate, income, and property tax issues; and the effect of not funding or segregating assets. |
A Compendium of Recent Cases
Cases appear in chronological order, with the oldest case appearing first.
Trusts and Estates
The beneficiary of a spendthrift trust who also acted as trustee and committed a breach causing financial harm to the trust could have her interest in the trust estate impounded to satisfy a claim arising from her misfeasance because the damage resulting from her breach would otherwise be sustained by the beneficiaries.
Chatard v. Oveross - filed November 30, 2009, Second District, Div. Four
Cite as 2009 SOS 6904
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Trusts and Estates
When a trust beneficiary instigates an unfounded proceeding against the trust in bad faith, a probate court has the equitable power to charge the reasonable and necessary fees incurred by the trustee in opposing the proceeding against that beneficiary’s share of the trust estate.
Rudnick v. Rudnick - filed December 3, 2009, Fifth District
Cite as 2009 SOS 6928
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Trusts and Estates
Proposed modification petition requesting an order striking or modifying a special needs trust provision in a trust pursuant to Probate Code Sec. 15409 did not violate trust’s no-contest clause.
Balian v. Balian - filed December 11, 2009, Second District, Div. Five
Cite as 2009 SOS 7017
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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
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