Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume III, Number 1  *  May, 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-
Where objector in proceedings to reestablish conservancy had received copy of petition--which included physicians' declaration stating that she suffered from schizophrenia and could not provide basic care for herself, and that imposition of disabilities was necessary because of her psychosis and poor judgment, as well as notice of the intended placement in a locked facility and the precise nature of the proposed disabilities; received written notices of her right to a hearing and a jury trial if she opposed reestablishment of the conservancy; and discussed matters with her attorney in person--her procedural due process right was adequately protected even though stipulation form for reestablishment of conservatorship did not recite proposed placement and disabilities, indicate counsel discussed these matters with the conservatee along with the conservatee's right to a jury trial, or require the conservatee's signature in addition to counsel's signature.
     Conservatorship of Tian L. - filed March 21, 2007, publication ordered April 17, 2007, Fourth District, Div. One
     Cite as 2007 SOS 1915
     Full text 

-  Civil Procedure-
Nonattorney trustee may not represent trust in trial or appellate court but may sign notice of appeal on trust's behalf. Improper filing of notice of appeal by person not authorized to represent appellant does not render notice void; defect may be cured by having an attorney appear within a reasonable time.
     Indyway Investment v. Cooper - filed April 24, 2007, Second District, Div. Three
     Cite as 2007 SOS 2133
     Full text