Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume II, Number 11  *  March, 2007  *  Contact Us  *  Join the T & E Section  *  Archived Issues


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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


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

-Trusts and Estates-
Requirement, applicable to criminal cases, that court of appeal independently review the record if appointed counsel represents he or she has found no arguable issues does not, under either the federal or state constitution, extend to an appeal from the imposition of a conservatorship under the Lanterman-Petris-Short Act, nor do the interests of justice support the extension of the requirement to LPS proceedings under inherent authority of supreme court.
Conservatorship of Ben C. - filed February 5, 2007
Cite as 2007 SOS 664
Full text  

-Civil Procedure-
Where assets are rolled over from a retirement plan that is fully exempt from claims of creditors under Code of Civil Procedure Sec. 704.115 into an IRA, the full exemption--rather than the limited exemption for IRA's under Sec.704.115 (e)--applies.
McMullen v. Haycock - filed February 13, 2007, Second District, Div. Four
Cite as 2007 S.O.S. 773
Full text

-Trusts and Estates-
Court lacks authority under Probate Code to direct that trust funds be applied to payment of restitution to victim of crime committed by beneficiary where trustee has made no payments to beneficiary, and trustee’s declining to do so is consistent with trustor’s intent.
Young v. McCoy - filed February 21, 2007, Second District, Div. One
Cite as 2007 SOS 917
Full text