Trusts & Estates Bulletin

A Compendium of Recent Cases

  Brought to you by LACBA's Trusts & Estates Section  *  Volume IV, Number 1  *  September 2008 
An E-Publication of the Los Angeles County Bar Association

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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-
Agreement between heir hunter and beneficiaries assigning percentage of beneficiaries’ interest in decedent’s estate and permitting heir hunter to select and pay for legal counsel, and control litigation involving decedent’s estate was void as against public policy.
     Estate of Molino - filed August 1, 2008, Second District, Div. Three
     Cite as 2008 SOS 4767
     
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-Trusts and Estates-
Nonbeneficiary, who was assigned an interest in an estate by a nonresident beneficiary, did not "succeed" to that interest as a matter of law and lacked priority over public administrator with respect to appointment to administer the estate.
     Estate of Heath - filed August 6, 2008, publication ordered August 27, 2008, Second District, Div.  Two
     Cite as 2008 SOS 5280

    
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-Trusts and Estates-
Probate Code Sec. 21351(i)’s exemption from Probate Code Sec. 21350—which prohibits donative transfers to will drafters and their relatives—for an instrument executed outside of California by a nonresident does not require testator to be a nonresident at time of death, and probate court properly denied petition to revoke probate of will leaving monetary gift to and creating charitable trust under control of will’s drafter. Probate court properly placed burden of proof on challengers to prove undue influence where will was exempt from Sec. 21350. Provision giving "balance of my assets to a charitable foundation or trust in my name to be run by" administrator sufficiently manifested intent to create charitable trust despite failure to specifically identify charitable purpose.
     Estate of Clementi - filed August 27, 2008, Fourth District, Div. Three
     Cite as 2008 SOS 5276
     
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