Your Slice of the Pizza – Only Directly Inherited Asset Qualifies as Separate Property

EXTERNAL URL: https://www.trustontrial.com/2019/11/your-slice-of-the-pizza-only-directly-inherited-asset-qualifies-as-separate-property/

AUTHORS: Downey Brand


It is widely understood in California that inherited assets, unlike assets earned from labor, are the separate property of the receiving spouse.  But what if

Judge Kevin R. Culhane to Preside in Sacramento County Probate Department

EXTERNAL URL: https://www.trustontrial.com/2019/11/judge-kevin-r-culhane-to-preside-in-sacramento-county-probate-department/

AUTHORS: Downey Brand


The probate unit of the Sacramento County Superior Court (Department 129) will have a new judge in January 2020.  Judge Kevin R. Culhane will

Don’t Rely on a Post-It® Note to Amend Your California Trust

EXTERNAL URL: https://www.trustontrial.com/2019/10/dont-rely-on-a-post-it-note-to-amend-your-california-trust/

AUTHORS: Downey Brand


A key feature of a California revocable trust is that it can be amended.  Revising a trust can, however, seem like an irksome chore so

Beware of Dormant Creditor Claims in California Probate Cases

EXTERNAL URL: https://www.trustontrial.com/2019/10/beware-of-dormant-creditor-claims-in-california-probate-cases/

AUTHORS: Downey Brand


California’s probate process aims to expeditiously identify and resolve the claims of creditors against decedents.  Creditors who are unsophisticated, or who simply do not

Think Inside the Box(es)

EXTERNAL URL: https://www.theleveewasdry.com/2019/10/think-inside-the-boxes/

AUTHORS: Downey Brand


Imagine how early you could retire if you had a dollar for every time someone told you to “think outside the box.”  Personally, I

Elder Abuse Is Not a Trojan Horse – Bad Faith Must Be Shown for Double Damages Under Probate Code Section 859

EXTERNAL URL: https://www.trustontrial.com/2019/09/elder-abuse-is-not-a-trojan-horse-bad-faith-must-be-shown-for-double-damages-under-probate-code-section-859/

AUTHORS: Downey Brand


Probate Code section 859, our subject in a recent post, packs a punch in California trust litigation.  It awards double damages against someone who in…

California Legislature Cracks Down on Caregivers Who Marry Dependent Adults

EXTERNAL URL: https://www.trustontrial.com/2019/09/california-legislature-cracks-down-on-caregivers-who-marry-dependent-adults/

AUTHORS: Downey Brand


Many California financial elder abuse cases we see involve caregivers. While the vast majority are honest, a caregiver who spends many hours alone with a

State Wetland Definition and Procedures for Discharges of Dredge or Fill Material to Waters of the State Becomes Effective on May 28, 2020

EXTERNAL URL: https://www.ceqachronicles.com/2019/09/state-wetland-definition-and-procedures-for-discharges-of-dredge-or-fill-material-to-waters-of-the-state-becomes-effective-on-may-28-2020/

AUTHORS: Downey Brand


On August 28, 2019, the California Office of Administrative Law (“OAL”) approved the State Wetland Definition and Procedures for Discharges of Dredged or Fill Materials

California Trustee Must Be Careful in Seeking Release from Beneficiary

EXTERNAL URL: https://www.trustontrial.com/2019/09/california-trustee-must-be-careful-in-seeking-release-from-beneficiary/

AUTHORS: Downey Brand


Can a California trustee require a beneficiary to sign a release in order to get a distribution from a trust?