Blog Posts in March, 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 ...

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. Claudine ...

Under Probate Code section 21350, there is a rebuttable presumption that testamentary transfers to care custodians/caregivers are the product of fraud, duress, menace or undue influence. However, ...

To continue our discussion on the Marvin claim from a previous blog, Michelle appealed the trial court's decision favoring the defendant, Lee Marvin, wherein the court cited that Michelle's ...

Marvin v. Marvin (18 Cal. 3d 660 (1976)) is a landmark "palimony" case which held that a contract between unmarried partners was enforceable unless it was based on an illicit or unlawful ...

Kenneth appealed the trial court's decision stating that Margaret Cairns' intent was to prevent Grant from waiting until "after the close of a year to 'catch up.'" Accordingly, for each year the ...