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Category: Trust

16
03 '19

The 8 Stages of California Trust & Estate Litigation: Appeal

A party that loses at trial in a trust or estate dispute generally has a right to appeal. California Probate Code Sections 1300-1304 enumerate the appealable orders in proceedings governed...
10
10 '18

Probate Code 16004.5: Release of Trustee’s Liability

The last steps in a trust administration include: Filing the final income tax return Obtaining an estate tax closing letter from the IRS Calculating and paying the trustee’s final compensation Preparing a...
02
11 '17

Electronic Wills: A Bad Idea From Across the Pond

Proposed Inheritance Law Update We are big fans of our brothers across the Atlantic—the pint, the pub, the pound, the princess. But every now and then, the British contrive an...
12
06 '17

The Limited Effectiveness of “No Contest” Clauses in California Trust & Estate Litigation

A “no contest clause,” according to California Probate Code section 21310(c), is “a provision in an otherwise valid instrument that, if enforced, would penalize a beneficiary for filing a pleading...
14
12 '16

Probate Code 15305: Support Creditor’s Claim Against a Spendthrift Trust

Many California living trusts contain a “spendthrift clause”— a clause designed to protect trust assets from claims made by a beneficiary’s creditors. Spendthrift provisions commonly include a “shutdown clause,” which...