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

June 12th, 2017

One of the biggest misconceptions in California trust litigation concerns the effectiveness of no contest clauses.  This article explains no contest clauses and their limited effectiveness in California trust and 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…

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A Trustee’s Reasonable Reserve

February 21st, 2017

In a trust administration, a “reserve” is money the trustee retains for a period of time after the trustee believes the trust administration is complete. The key here is the world believes, because sometimes, when it seems all the work is done—property sold, tax returns filed, taxes paid, creditors’ claims extinguished, and beneficiaries’ gifts distributed—things…

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We often warn clients that mental capacity is a double-edged sword

February 21st, 2017

Edge #1 The current litigation involving billionaire media magnate Sumner Redstone illustrates the point.  Mr. Redstone, age 93, owns about 80 percent of CBS and Viacom—reportedly a $40 billion media empire.  In November 2015, Mr. Redstone’s former “companion,” Manuela Herzer, challenged Mr. Redstone’s mental capacity in Los Angeles Superior Court.  Ms. Herzer alleged that Mr….

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