Trusts & Estates Bulletin
A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume II, Number 8   *  December, 2006  *   Contact Us  *   Join the T & E Section  *   Archived Issues


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


(Cases appear in chronological order, with the oldest cases appearing first.) 

  -Trusts and Estates-
Order directing a trustee to account is appealable where it decides, in effect, that someone has a right to an accounting. Remainder beneficiary has standing under Probate Code Sec. 17200(b)(7) to petition probate court for an order compelling a trustee to account.
Esslinger v. Cummins - filed October 31, 2006, Fourth District, Div. Three
Cite as 2006 SOS 5806
Full text

  -Trusts and Estates-
No-contest clause in testamentary trust stating that one beneficiary’s contest voids other noncontesting beneficiaries’ bequests along with the contestant’s does not violate public policy.
Tunstall v. Wells - filed October 31, 2006, Second District, Div. One
Cite as 2006 SOS 5811
Full text 

  -Trusts and Estates-
Evidence demonstrated that will beneficiary was a "care custodian" within meaning of Probate Code Sec. 21350 (a)(6), which presumes a gift is result of undue influence, where though she was not a professional caregiver, she was employed by testator for two years as a paid live-in companion providing "in-home care" that included caring for testator and testator's home, cooking, cleaning, and driving testator to appointments, meetings and shopping. Beneficiary failed to rebut presumption of undue influence where she merely asserted there was no competent evidence that testator was cognitively impaired.
Estate of Odian - filed November 28, 2006, Fourth District, Div. Two
Cite as 2006 SOS 5759
Full text