Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume II, Number 3  *  July, 2006

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IN THIS ISSUE:


Estate of Saueressig
Quiroz v. Seventh Ave. Center
Conservatorship of Hume

-Trusts and Estates-
Signature of a witness affixed after testator’s death does not satisfy statutory requirement that will be signed by two witnesses.
Estate of Saueressig - filed June 22, 2006
Cite as 2006 SOS 3163

-Torts-
Survivor claim brought in first amended complaint by mother of deceased dependent adult after statute of limitations had run did not relate back to her initial timely filed wrongful death claim, where mother was technically a different plaintiff in the survivor claim asserting a different and greater liability against defendants. Mother was not entitled to heightened remedies available under Elder Abuse Act in conjunction with her own wrongful death claim, since act's remedies are afforded only to victims of elder or dependent adult abuse, not their survivors. Court's disposition of survivor claim by erroneously striking whole cause of action was not prejudicial where cause of action was susceptible to summary adjudication and result in granting defendants judgment on pleadings was correct.
Quiroz v. Seventh Ave. Center - filed June 27, 2006, Sixth District
Cite as 2006 SOS 3281

-Trusts and Estates-
Burden of proof for objections to inventories and accountings in conservatorship proceedings is on party objecting to appraisal and not on conservator.
Conservatorship of Hume - filed June 29, 2006, Fourth District, Div. Three
Cite as 2006 SOS 3387

 


 

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