Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume II, Number 10  *  February, 2007

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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-
Evidence that a decedent during his lifetime acknowledged an individual as his child to various people on various occasions is sufficient to establish a father-child relationship for intestate succession purposes under Probate Code Sec. 6453(b)(2).
Estate of Burden - filed January 16, 2007, Second District, Div. Six
Cite as 2007 SOS 264
Full text 

-Torts-
Relation-back doctrine does not apply to the claims of an omitted heir whose wrongful death cause of action would otherwise be barred by the statute of limitations. Trial court did not err in adding an additional plaintiff to a timely filed survivor cause of action where propriety of the addition could not be resolved at the pleading stage.
San Diego Gas & Electric Company v. Superior Court (Harris) - filed January 25, 2007, Fourth District, Div. One
Cite as 2007 SOS 437
Full text