Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume II, Number 2   June 1, 2006

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IN THIS ISSUE:

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Estate of Rossi
Marshall v. Marshall
Conservatorship of Christopher A.
Conservatorship of Hume
Estate of Myers
In re Estate of Covington

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More Information


Trusts & Estates Bulletin 
is published monthly by the
Trusts & Estates Section of the
Los Angeles County Bar Association (LACBA).

David C. Nelson,
Loeb & Loeb LLP, Editor
dnelson@loeb.com

 

 


(Cases appear in chronological order, with the oldest cases appearing first.) 
-Trusts and Estates-
Failure to attach proposed pleading to petition for declaration that proposed action would not violate no-contest clause is not fatal to jurisdiction. Trial court was entitled to proceed where proposed pleadings were filed and served well in advance of hearing. Probate Code Sec. 21305(a)(3), which provides that "a challenge to the validity of an instrument" executed after January 1, 2001 is not a contest unless the instrument specifies that it is, applies to a proposed petition to challenge a trust amendment when the trust, will, and amendment were all executed after that date.
Estate of Rossi - filed April 27, 2006, Third District
Cite as 2006 SOS 2188
Full text    

-Civil Procedure-
Under "probate exception" to federal diversity jurisdiction, a federal court will not hear a claim involving the administration of an estate, the probate of a will, or any other purely probate matter. The exception will not, however, bar litigation between claimants to an estate involving a claim for money damages for a tort such as interference with a gift or inheritance.
Marshall v. Marshall - filed May 1, 2006
Cite as No. 04-1544
Full text  

-Trusts and Estates-
Imposition of conservatorship on a gravely disabled person under Lanterman-Petris-Short Act implicates significant liberty interests, necessitating that court obtain on the record the consent of the proposed conservatee regarding the terms and consequences of a stipulated judgment.
Conservatorship of Christopher A. - filed May 2, 2006; publication ordered May 17, 2006, Fourth District, Div. One
Cite as 2006 SOS 2403
Full text

-Trusts and Estates-
Order of trial court approving final accounting by conservator was error where accounting failed to include conservatee’s interests in real property in another state.
Conservatorship of Hume - filed May 10, 2006, Fourth District, Div. Three
Cite as 2006 SOS 2275
Full text   

-Trusts and Estates-
Creditor of estate had standing based on Probate Code Sec. 850--which, among other things, permits the "personal representative or any interested person" to petition the probate court to resolve claims to interests in real or personal property as to which the deceased had title or possession, or claims involving interests that the deceased may have had in property as to which someone else held title or possession--to bring an action to recover profits from the sale of real property based on a claim the property had previously been fraudulently conveyed by the deceased. Sec. 9653, which directs personal representative, on application of a creditor, to bring an action to set aside fraudulent conveyances by deceased, does not create an exclusive remedy and does not preclude creditor from bringing action under Sec. 850, and any requirement that creditor exhaust remedies under Sec. 9653 before bringing action under Sec. 850 was satisfied where creditor presented evidence that personal representative was "in cahoots" with grantee in accomplishing the allegedly fraudulent conveyance.
Estate of Myers - filed May 10, 2006, Fourth District, Div. Three
Cite as 2006 SOS 2280
Full text 

-Trusts and Estates-
In Department of Interior’s Office of Hearings and Appeals probate proceeding involving Indian tribe, state, not federal, rules of evidence apply. OHA administrative law judge may not require production of attorney notes protected by attorney-client privilege under state law.
In re Estate of Covington - filed May 25, 2006
Cite as No. 0435449
Full text 

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ANNOUNCEMENT

PROBATE VOLUNTEER PANEL ATTORNEYS

You Are Invited To the Second Brown Bag Training Session

TOPIC:  “Exploring Alternatives to Conservatorships”

SPEAKERS
Yolande Erickson - Attorney, Bet Tzedek Legal Services
Janet Morris - Attorney, Bet Tzedek Legal Services
and
Representatives from the Wise Foundation

DATE, TIME & PLACE
Wednesday, June 7, 2006, 12:30 to 1:30 p.m.
Stanley Mosk Courthouse, Department 11, 111 N. Hill Street, LA
Check-in begins at noon.
No Registration Required.  Just drop in.  No charge for this Training Session. 
1 hour CLE credit - provided by the Trusts and Estates Section of the Los Angeles County Bar Association

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