Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section   *  Volume III, Number 7 * January 2008

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IN THIS ISSUE:

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-
Liquidation and dissolution of corporation did not cause an ademption of the specific gifts of its stock contained in a living trust whose trustor was adjudged incompetent subsequent to amending the trust to provide for the gifts where trustor did not recover competency prior to his death and there was no substantial evidence he intended an ademption to occur. Statutory offer of compromise may be orally revoked.
     Brown v. Labow - filed December 5, 2007, Second District, Div. Five
     Cite as 2007 SOS 7148
     Full text 
 
-Trusts and Estates-
Claim that defendants, plaintiff’s ex-husband and his sister, wrongfully induced their mother to change her will to leave to the sister the one-third of mother’s estate that she had previously designated to go to the ex-husband, with the understanding that the sister would subsequently "get that money to" him so as to enable him to avoid support obligations to plaintiff failed to state a cause of action because it was essentially a will contest and was not brought in the probate action. Putative agreement between plaintiff’s ex-sister-in-law and her mother, whereby mother would amend her will to leave the ex-sister-in-law the one-third beneficial interest then designated for her brother in return for which the ex-sister-in-law would hold the property for her brother and "later get that money" to him so that he could avoid his obligations to plaintiff, created a constructive trust in favor of the brother that plaintiff, as his creditor, would be entitled to enforce, so it was error for trial court to deny leave for plaintiff to amend her complaint to allege such a constructive trust.
     Cabral v. Soares - filed December 13, 2007, First District, Div. Three
     Cite as 2007 SOS 7270
     Full text