Tag Archives: trust

Probate & Trusts – Child Born Out of Wedlock

Biological child born out of wedlock is beneficiary where trust unambiguously defines ‘issue’ as unadopted lineal descendants. A California Court of Appeal overturned the Supreme Court’s decision in the case of CITIZENS BUSINESS BANK v. JONATHAN CARRANO.  Appellant claimed that … Continue reading

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Probate & Trusts – Merger Doctrine

Trust did not terminate under ‘merger doctrine’ since intent of settler was for trust to continue until final distribution of trust property occurred. A California Court of Appeal affirmed the lower court’s decision in ROBERT WEINBERGER v. JAMES G. MORRIS … Continue reading

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Probate & Trusts – Payable on Death

Beneficiary’s claim that account was ‘payable on death’ account despite decedent’s failure to finish paperwork before death survives demurrer. A California Court of Appeals reversed the probate court’s decision in ADRIA E. UNDERWOOD v. VALERIE PEARCHE et al.  The case … Continue reading

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Probate & Trusts – Statute of Limitations

Action by estate administrator against recipients of deceased’s real property is not barred by statute of limitations. A California Court of Appeal affirmed the lower court’s decision in the case of STEVEN A. WEINKAUF v. TIMOTHY FLOREZ.  The probate court’s … Continue reading

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