CA Probate Code Case Updates

Case B335353 - Case Brief

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Case A170497 - Case Brief

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Case B335353 - Probate Case Brief

B335353

Case G063437 - Probate Case Brief

G063437

Case G063437 - Probate Case Brief

G063437

Barrow v. Holmes - Case Brief

The court held that a judgment creditor who has recorded a valid abstract

Clark v. Smith - Probate Case Brief

A trustee of a revocable inter-vivos trust has standing to sue to enforce promissory notes assigned to the trust, and no Heggstad petition or probate proceeding is required to obtain court permission to pursue such claims.

Conservatorship of the Person and Estate of R.J. - Probate Case Brief

R.J.'s challenge to the trial-court order authorizing periodic compensation payments to the public conservator is forfeited because he failed to raise the issue in the underlying proceeding. His claim of ineffective assistance of counsel also fails.

Garcia v. Garcia - Probate Case Brief

The trial court's findings of undue influence, lack of capacity, and that Benjamin Garcia predeceased his mother—triggering Probate Code §§ 259 and 859 with double damages—are supported by substantial evidence and affirmed on appeal.

Conservatorship of the Estate of You Wei Dong - Probate Case Brief

A guardian ad litem appointed under Code of Civil Procedure § 372 may seek reimbursement of reasonable expenses from a settlement fund under Probate Code §§ 3600 and 3601. The appellate court reverses the trial court's refusal to consider such a claim.