Cases appear in chronological order, with the oldest case appearing first.
Trusts and Estates Family Law Trusts and Estates
The beneficiary of a trust who did not agree to arbitrate disputes arising under the trust may not be compelled to do so.
Diaz v. Bukey - filed May 10, 2011, Second District, Div. Six
Cite as 2011 S.O.S. 2450
Trial court properly applied the "form of title" presumption in finding life insurance policy listing wife as the policy owner to be her separate property, where title was taken solely in her name during marriage with husband's consent; husband, who did not present evidence of an agreement or understanding that the parties did not intend the policy to be wife's separate property, or that he was unaware that title to the policy was taken solely in wife's name, did not rebut the presumption.
In re Marriage of Valli - filed May 18, 2011, Second District, Div. Five
Cite as 2011 S.O.S. 2568
A claim based on failure to file within the claims filing period of the Probate Code, mentioned only in conjunction with the statute of limitations under Code of Civil Procedure Sec. 366.2, was not sufficiently preserved for appeal as an independent basis for rejecting this claim. Failure to plead compliance with Probate Code Sec. 9100 does not represent an incurable defect. Both Code of Civil Procedure Sec. 366.2 and the Probate Code are designed to accomplish legislature's goal of promoting the prompt administration of estates, but they do not address the same liabilities. Sec. 366.2 cuts off the time for asserting a claim against the decedent's estate based on a cause of action that existed against the decedent before the decedent's death, while Probate Code provides a method for the timely handling of a creditor's claim based on a liability or legal obligation of the decedent. Sec. 366.2 did not apply to case where decedent had a liability at the time of his death, and the alleged breach of contract from the failure to pay the debt did not occur until after his death.
Dacey v. Taraday - filed May 19, 2011, First District, Div. Two
Cite as 2011 S.O.S. 2621
Family Law Trusts and Estates
Trusts and Estates