Estate Planning Blog
Posted on Jun 19, 2013
To continue our previous blog on Winn v. Pioneer Medical Group, plaintiffs and appellants, Kathleen Winn and Karen Brendahl filed an elder abuse complaint against Pioneer Medical Group (defendants and ...
Continue reading "Part II - Elder Abuse Statute Does Not Limit Liability to Health Care Providers with Custodial Obligations" »
Posted on Jun 18, 2013
Can a medical professional's failure to refer an outpatient client to a health specialist constitute elder abuse ? A plaintiff's decision to sue for elder abuse under the Welfare and ...
Continue reading "Elder Abuse Statute Does Not Limit Liability to Health Care Providers with Custodial Obligations" »
Posted on Jun 13, 2013
In continuation of our blog on the Estate of Taruk Joseph Ben-Ali, Wendelyn Wilburn (Taruk's wife, contestant and appellant) appealed the probate court's decision admitting Taruk's will to ...
Continue reading "Part IV - Estate of Taruk Joseph Ben-Ali" »
Posted on Jun 12, 2013
Now that we've recounted the gory details behind the Estate of Taruk Ben-Ali, we'll now move on to the probate implications of Taruk's last will and testament. Wilburn (Taruk's wife, ...
Continue reading "Part III - Estate of Taruk Joseph Ben-Ali" »
Posted on Jun 11, 2013
To continue our blog on the Estate of Taruk Joseph Ben-Ali, Wilburn (Taruk's wife, contestant and appellant) continued to look for Taruk, however, Taruk's disappearance was never reported to ...
Continue reading "Part II - Estate of Taruk Joseph Ben-Ali" »
Posted on Jun 10, 2013
The Estate of Taruk Joseph Ben-Ali is notable, not only for its implications in the area of probate law but also for the sensational story behind it. Tales of greed, deception and intrigue suitable ...
Continue reading "Estate of Taruk Joseph Ben-Ali" »
Posted on May 31, 2013
For the last portion of our blog on payable on death or totten trust accounts (a form of trust in the U.S. in which a settlor places money in a bank account or security with instructions that upon the ...
Continue reading "Part III - Non-Probate Transfer" »
Posted on May 30, 2013
To continue our blog on the Estate of Gardner, Mari Ann Ricchiuti (on behalf of her daughter Danielle) filed an opposition to Adria's (petitioner and appellant) petition in February 2009. In her ...
Continue reading "Part II - Non-Probate Transfer" »
Posted on May 29, 2013
The Estate of James Donald Gardner, Jr. (187 Cal.App.4 th 543 (2010)) involved the disposition of assets through a nonprobate transfer. Accordingly, the Probate Code does not govern these kinds of ...
Continue reading "Non-Probate Transfer" »
Posted on May 28, 2013
In Munn v. Briggs, the probate court sustained Carlyn and Michael Briggs' (defendants and respondents) demurrer stating that California has yet to recognize the tort of intentional interference ...
Continue reading "Part II - In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause" »
Posted on May 24, 2013
There are instances when a will has been revised to change the distribution of assets amongst beneficiaries. Some of these wills may have a no-contest clause that would prevent anyone from contesting ...
Continue reading "In California, Beneficiary Can't Sue for Tort of Interference with an Expected Inheritance to Undermine a Will's No-Contest Clause" »
Posted on May 23, 2013
In the Estate of Beckel, Doralee Verna Beckel (decedent) died without a will (intestate). Doralee had no surviving spouse, children, parents or siblings; therefore, according to the laws of intestate ...
Continue reading "Part II - Rules of Succession When Decedent Dies Without a Will" »
Posted on May 22, 2013
What happens when a relative who has no surviving spouse, children, parents or siblings died without a will ? Who inherits his or her estate ? According to Probate Code section 6402, subdivision (d), ...
Continue reading "Rules of Succession When Decedent Dies Without a Will" »
Posted on May 20, 2013
On part III of our blog regarding the estate of Stoker, we will discuss additional claims made by appellants, Destiny Gularte (petitioner, appellant and the decedent's ex-girlfriend) et al, the ...
Continue reading "Part III - Testator's Intent Overrides Procedural Errors in a Will" »
Posted on May 16, 2013
To continue our blog on the Estate of Stoker, Destiny Gularte (petitioner, appellant and the decedent's ex-girlfriend) appealed the trial court's decision revoking the 1997 trust and accepting ...
Continue reading "Part II - Testator's Intent Overrides Procedural Errors in a Will" »
Posted on May 15, 2013
A will may still be deemed valid even if it was not executed in accordance with Probate Code requirements as long as there is clear and convincing evidence that the testator who signed it intended it ...
Continue reading "Testator's Intent Overrides Procedural Errors in a Will" »
Posted on May 10, 2013
To continue our blog on Knox v. Dean (205 Cal.App.4 th 417 (2012)), Donna (successor conservator, plaintiff, cross-defendant and appellant) appealed the trial court's decision granting Dean's ...
Continue reading "Part II - Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings" »
Posted on Apr 26, 2013
In 2003, Lawrence Dean (defendant, cross-complainant and respondent) was designated as the conservator over Blaine Knox's person and estate. Blaine's estate had principal assets consisting of ...
Continue reading "Res Judicata Bars Financial Elder Abuse Claims On Court Approved Accountings" »
Posted on Apr 24, 2013
In the People v. Runyan, the trial court convicted Runyan of gross vehicular manslaughter and ordered him to pay Benge's (victim) estate restitution damages of approximately $450,000. Runyan ...
Continue reading "Part II - Estate's Personal Representative Is Only Entitled to Collect Restitution Damages for Decedent's Pre-Death Economic Losses" »
Posted on Apr 22, 2013
During the early hours of April 6, 2007, Paul Dean Runyan (defendant and appellant), got drunk at a nightclub and tried to drive home. On his drive home, he entered the 134 Freeway travelling in the ...
Continue reading "Estate's Personal Representative is Only Entitled To Collect Restitution Damages for Decedent's Pre-Death Economic Losses" »
Posted on Apr 19, 2013
In continuation with our blog on the Estate of Dito, Barbara appealed the trial court ruling stating that the alleged elder abuse is not barred by the doctrine of res judicata. The Court of Appeal ...
Continue reading "Part II - There Is No Res Judicata Against Subsequent Claims That Are Premised On The Same "Primary Rights"" »
Posted on Apr 15, 2013
The doctrine of res judicata is the principle that a matter or action may not, generally be relitigated or raised again once a valid final judgment has been handed down in a lawsuit. Accordingly, ...
Continue reading "There is No Res Judicata Against Subsequent Claims That Are Not Premised on the Same "Primary Rights"" »
Posted on Mar 28, 2013
To continue where we left off in our previous blog, Portico appealed the trial court's ruling. Portico contends that under well-established law it is proper to enter judgment against a trust. ...
Continue reading "Part II - A Trust is Not an Entity and Judgment Against it is Unenforceable" »
Posted on Mar 27, 2013
The Third District Court of Appeal ruled that a trust is not an entity and cannot hold title to property; thus, it cannot sue or be sued. Any judgment brought against a trust is unenforceable. This ...
Continue reading "A Trust is Not an Entity and Judgment Against it is Unenforceable" »
Posted on Mar 26, 2013
To continue our blog on Hernandez v. Kieferle, Claudine appealed the probate court's judgment invalidating the 2008 amendment and confirming the Hernandezes as Gertrude's successor trustees. ...
Continue reading "Part II - Relationship via Marriage Exempts Prohibitions against Gifts to Caregivers" »