CALIFORNIA FAMILY LAW
...Death of a Spouse
......Wills & Trusts
.........Trusts
............Case Law
14 Cards On This Topic:

In ruling on beneficiaries' safe harbor petition, trial court correct that their challenge to trustees' administration of family trust would not be a contest under trust's no contest provisions.

Beneficiaries have standing to sue for breaches of trustee's duties occurring prior to settlor's death while trust remained revocable.

Language in 2009 Trust was sufficient to convey Property to the 2009 Trust from a prior revocable trust and decedent was not required to execute a separate deed in order to effectuate it.

While D's statements about the litigation were protected activity, he did not show it was covered by the litigation privilege and probate court must determine whether P met her burden under CCP §425.16's 2d step.

Probate court cannot order trustee to provide an accounting or info re assets/transactions while trust was still revocable where there is no claim the deceased settlor was incapacitated or subject to undue influence while trust was revocable.

Prob. ct. erred in ruling the changing fraction method applied to Trust residuary, incl. Marie Callender royalty agrmts, where it changed the 1/3 percentages Trust stated would go equally to 3 beneficiaries—Trust interpreted per terms and intent.

Orders authorizing trustee to use trust assets to defend against P's actions challenging trust amendment was not a no-contest clause and could be enforced prior to hearing on merits of P's claims.

Donald Sterling properly removed as trustee of family trust for lack of capacity, and probate ct. correctly found exigent circumstances warranted the sale of the Clippers to prevent extraordinary loss to the trust.

Amendments to revocable trust, signed by H after W incapacitated, were invalid where trust required signatures of both: As trust specified a modification method, under Prob.C. 15402, it could only be amended in that manner.

If inter vivos trust becomes irrevocable upon death of first settlor, survivor may not withdraw her share of c/p from trust.

H's revocation of Family Trust and transfer of assets to trust for Cs, without notifying co-Trustor W, satisfied PC 15401 and FC 761.

Transferring s/p into revocable family trust, without more, does not transmute it into c/p.

Trust was revoked by its own provisions when trust property distributed per MSA/judgment of dissolution.

C/p trust assets transmuted to s/p on W's death; H's subsequent revocation of trust resulted in 1/2 of trust assets being returned to him and other 1/2 being disposed of according to W's will.