Beneficiaries cannot be bound by an arbitration clause in testamentary trust documents. In Diaz v. Bukey, the California Court of Appeal affirmed a probate court ruling that denied a trustee’s motion to require a beneficiary to arbitrate a petition to remove the trustee. The trustee’s motion was premised
Over the past 20 years, approximately half of the states have recognized a cause of action for tortious interference with an expected inheritance. California has not. In Munn v. Briggs, the California Court of Appeal declined to recognize the claim where California probate law provided a remedy to the party seeking to assert the claim.
Trust beneficiaries who act in bad faith to delay the legitimate administration of the trust may find themselves funding the trust’s attorney’s fees and court costs. In Rudnick v. Rudnick, the California Court of Appeal held that the probate court has the equitable power to require trust beneficiaries who use the courts to delay administration… read more
Everyone in California has an estate plan. Some people have an estate plan, either in the form of a trust or a will, that reflects the wishes of the person who made the plan. People who do not have a trust or a will also have a plan, one created under California’s intestate succession laws. … read more