Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume III, Number 3 * July, 2007  *  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-
Petition to determine ownership of real property pursuant to Probate Code Sec. 850, brought on a resulting trust theory, is not subject to Code of Civil Procedure Sec. 366.2--which imposes a one-year limitations period on an action on the "liability of the person"--because the resulting trust doctrine does not implicate the personal liability of a decedent. Testator's death did not trigger limitations period of Sec. 366.2 where there was no dispute between testator and beneficiary with regard to the subject property, and dispute as to who owned the property and to whom it should be conveyed only arose after testator's death.
     Estate of Yool - filed May 31, 2007, First District, Div. Four
     Cite as 2007 SOS 2958
     Full text

-Trusts and Estates-
No contest clause in trust instrument applied to any attempt to "impair" the trust, clause extended to trust beneficiary's adjustment petition under California Uniform Principal and Income Act to reallocate principal and income, where reallocation could result in more income to beneficiary than allowed by the trust, and invasion of trust principal reserved to other beneficiaries.
     McKenzie v. Vanderpoel - filed June 13, 2007, Second District, Div. Four
     Cite as 2007 SOS 3182
     Full text 

-Trusts and Estates-
Probate Code Sec. 24 (d) permits the settlor of a charitable trust to object to an accounting where the settlor has reserved the power in the trust instrument.
     Patton v. Sherwood - filed June 21, 2007, Second District, Div. Six
     Cite as 2007 SOS 3339
     Full text

Assessor did not err in fixing the taxable value of a real property interest as the purchase price where taxpayer failed to establish a different value by a preponderance of the evidence.
     California Minerals v. County of Kern - filed June 26, 2007, Fifth District
     Cite as 2007 SOS 4151
     Full text