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Placencia v. Strazicich
Probate court did not err by denying petitioner's right of survivorship to joint bank account because decedent left clear statements in his will that he did not want petitioner to have the right of survivorship. 		probate_and_trusts 4DCA/3 Dec. 2, 2019
MTC Financial Inc. v. California Dept. of Tax and Fee Admin.
A trust deed must sufficiently describe the property securing it to be enforceable. A parcel number, address, and trustor names are insufficient to describe trust property to avoid voidability. 		probate_and_trusts 4DCA/3 Nov. 1, 2019
Hodges v. County of Placer
California counties do not owe a fiduciary duty to property owners while holding the owner's property in a trust account after a tax sale. 		probate_and_trusts 3DCA Oct. 30, 2019
Levin v. Winston-Levin
In order to be liable for double damages under Probate Code Section 859, it must be proven that the accused person acted in bad faith. 		probate_and_trusts 4DCA/3 Sep. 16, 2019
Pena v. Dey
Because trust's amendment provision requires an amendment be 'signed by the settlor,' the settlor's interlineations without his signature did not effectively amend the trust. 		probate_and_trusts 3DCA Sep. 4, 2019
Blech v. Blech
Creditor may file Probate Code Section 15301(b) petition to enforce a money judgment against a nondiscretionary principal distribution before that distribution is due and payable. 		probate_and_trusts 2DCA/3 Aug. 20, 2019
Gonzalez v. City National Bank
42 U.S.C. Section 1396p(d)(4)(A) mandates that Department of Health Care Services seek recovery of total medical assistance paid on behalf of beneficiary in special needs trust containing that condition. 		probate_and_trusts 2DCA/7 Jun. 26, 2019
Estate of Sapp
Administrator of decedent's estate was 'otherwise not qualified' under Probate Code Section 8502(b) and acted in bad faith toward heirs; thus, probate court properly removed her as administrator. 		probate_and_trusts 4DCA/2 Jun. 12, 2019
Han v. Hallberg
Trust is a 'person' that may associate in a partnership under Uniform Partnership Act; thus, buyout provisions under dentists' partnership agreement not triggered because trust was partner and not dentist, as individual. 		probate_and_trusts 2DCA/8 May 23, 2019
Stennett v. Miller
Nonmarital biological child of absentee father who never openly held her out as his own does not have standing to assert cause of action for his wrongful death. 		probate_and_trusts 4DCA/3 Apr. 16, 2019
Dudek v. Dudek
Once a donative transfer is executed by the owner of a life insurance policy, the transferee owns the policy; thus, the trial court erred in finding that a trust did not exist. 		probate_and_trusts 4DCA/1 Apr. 11, 2019
Estate of Herzog
Code of Civil Procedure Section 1930 states that in order for the mark on a document to be an official 'seal,' it must include a signature by a public official. 		probate_and_trusts 4DCA/2 Apr. 2, 2019
Trolan v. Trolan
A court cannot substitute its judgment and discretion for that of a trustees' if the trustees are acting within proper limits, unless there is a complete failure or refusal to perform the duties of the trustees. 		probate_and_trusts 6DCA Feb. 1, 2019
Conservatorship of Ribal
Probate Code Section 859 limits liability to double damages, and any other remedies available in law, for people taking or disposing of property in a manner that constitutes financial elder abuse. 		probate_and_trusts 4DCA/3 Jan. 22, 2019
Smith v. Szeyller
Probate court had discretion to order attorney fees and expert fees from trust assets under the substantial benefit doctrine because record supported the finding that the litigation substantially benefited all beneficiaries. 		probate_and_trusts 2DCA/6 Jan. 17, 2019
Modification: Estate of Stockird
Statutory interpretation of the definition of a 'transferee' under the probate code, for purposes of a failed distribution, is not limited to blood relatives. 		probate_and_trusts 1DCA/1 Jan. 14, 2019
Estate of Stockird
Statutory interpretation of the definition of a 'transferee' under the probate code, for purposes of a failed distribution, is not limited to blood relatives. 		probate_and_trusts 1DCA/1 Dec. 24, 2018
Schwan v. Permann
Probate court properly relied on the doctrine of impossibility; although Probate Code Section 142 was repealed, the doctrine of impossibility was left to case law development. 		probate_and_trusts 1DCA/1 Oct. 29, 2018
Orange Catholic Foundation v. Arvizu
Under Restatement Second of Trusts Section 205, the good faith exception imbues a court with the power to excuse a trustee from liability where he has acted honestly and reasonably. 		probate_and_trusts 4DCA/3 Oct. 19, 2018
Barefoot v. Jennings
Where former beneficiary is 'expressly disinherited' from inter vivos trust by amendment, that party lacks standing to challenge reserved for beneficiaries. 		probate_and_trusts 5DCA Sep. 11, 2018
Modification: Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection. 		probate_and_trusts 4DCA/1 Sep. 6, 2018
Modification: Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection. 		probate_and_trusts 4DCA/1 Sep. 5, 2018
Estate of O'Connor
A donee's exercise of a power of appointment must contain enough detail that it reasonable to conclude he or she made an intentional and deliberate, not inadvertent, exercise of that power. 		probate_and_trusts 4DCA/1 Aug. 31, 2018
Scott v. McDonald
Where probate court explicitly sets out proper legal standards as basis for its decisions, appellant's challenge that court applied in correct standards fails. 		probate_and_trusts 4DCA/2 Aug. 24, 2018
Conservatorship of Presha
Although Probate Code Section 2620(d) applies to accountings and not to petitions for conservator's fees the probate court's error was harmless because it has the authority to examine billing practices. 		probate_and_trusts 4DCA/2 Aug. 24, 2018
Cortese v. Sherwood
A cause of action can still fall within the initial scope of Civil Code Section 1714.10 without regard to whether the word 'conspiracy' appears in the cause of action. 		probate_and_trusts 1DCA/5 Aug. 23, 2018
Powell v. Tagami
Sufficient evidence supports court finding that trust beneficiary objected to accounting in bad faith where beneficiary fails to show reasonable cause supported objection. 		probate_and_trusts 4DCA/1 Aug. 17, 2018
Blech v. Blech
Probate court erred by deeming gift a specific gift instead of a residuary gift, but overall treatment in settling estate was proper. 		probate_and_trusts 2DCA/3 Aug. 8, 2018
Amended Opinion: Glazing Health & Welfare Fund v. Lamek
Unpaid contributions to employee benefit funds are not plan assets; employers contractually committed to make such payments are not fiduciaries under ERISA. 		probate_and_trusts 9th Jul. 20, 2018
Estate of Post
Probate court has limited jurisdiction, over res of decedent's estate; does not have jurisdiction over decedent's choice of beneficiary to insurance policy. 		probate_and_trusts 1DCA/1 Jun. 28, 2018
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