Trusted litigation services for protection of elders and their legacies
In a case that underscores the emotional and legal complexities of blended families and estate planning, the Idaho Supreme Court recently upheld the disinheritance of two stepchildren from the Woodfin Family Trust. The case, Gestner v. Divine, offers a compelling...
Short answer: sometimes — but only when the defense clearly benefits the underlying trust- not the amendments that favor one beneficiary over the other. California courts draw a hard line between defending the trust and defending the person's interest in the trust....
Predicting stock market swings is challenging in the best of times. Regardless of market stability, though, trustees in California are required to ensure trust assets are invested carefully and managed closely to protect their value. These duties are spelled out in the California Prudent Investor Act, codified in California Probate Code Sections 16045–16054, and summarized in this post.
When a party denies a Request for Admission (RFA) and loses at trial, they might end up paying more than just court costs. Under California’s CCP § 2033.420, litigants can recover attorneys’ fees through cost of proof sanctions. This post explores how strategic use of RFAs can shift the financial burden in litigation—and highlights key cases where courts awarded fees for unjustified denials.
The California Court of Appeals has overturned a probate court decision that had favored an elderly man’s caregiver over the rightful trustee and beneficiary, his daughter. The case centers on the validity of trust amendments and the strategic use of lis pendens, i.e., constructive notice of a lawsuit that affects possession of real property. This ruling reinforces the need to protect clients, particularly vulnerable people, against undue influence, and ensure that there is a source for potential recovery with the procedural safeguards provided by a lis pendens. Clients can feel more secure knowing that the law presumes transfers to caregivers are scrutinized for potential fraud, and that beneficiaries have a stronger legal standing to challenge suspicious amendments to trusts.
California Assembly Bill 2016 went into effect on April 1, 2025, raising the threshold on the value of primary residences that can bypass the full probate process to $750,000. This is a substantial increase from the previous limit of $184,500 set in 2019, meaning many more primary residences are eligible for the simplified petition process. This is great news for many who will avoid the lengthy and costly full probate procedure. Still, it is no replacement for comprehensive estate planning.
The Estate Lawyers reports on positive imminent changes to California probate code which means more homes will be eligible for the simplified probate process. Still, this does not obviate the value of a solid trust.
Robbie Robertson, famously associated with Bob Dylan, left his own mark as founder of legendary band, The Band, and through his solo work and his many movie scores. Inducted into the halls of fame in the U.S. and his native Canada, Robertson died in August 2023 at the age of 80 after living with prostate cancer for several years. His death triggered a legal battle over his estate, primarily between his three children from his first marriage, Alexandra, Delphine, and Sebastian Robertson, and his second wife, Janet Zuccarini. The children allege that Zuccarini financially abused Robertson to inherit a greater part of his estate, coercing him to sign documents that were against his intentions while his health and mental capacity were declining. Estate planners and attorneys can learn much from this unfortunate case.
We are proud to announce a confidential settlement in favor of our client, a family that was embroiled in estate litigation involving disputes over a considerable inheritance and allegations of incapacity. Our team rocked, making sure the heirs will receive hundreds...
A recent appellate case serves as a valuable lesson for both estate planners and beneficiaries about adhering to formal procedures when making changes to a trust. The court found that the mere exchange of emails was insufficient to execute this important task.