This Section and its working committees (Guardianship / Conservatorship Project and Elder Law) deal with all issues relating to estate planning and the probate of decedents' estates, the avoidance of probate, and the protection of incompetents and their assets through guardianships and conservatorships.

 

 


 

Beverly Hills Bar Association
Legislative Updates
California Court of Appeal
 
Official Section
Sponsor

Legal Updates for March 2007

Hasso v. Hasso (2007 Cal. App. Lexis 313, filed March 6, 2007)

Superior Court of Orange County Case No A182042, appealed to Court of Appeal, Fourth District Division Three as Case G036369. In a dispute between widow and adult children of deceased man who set up a trust for the family, decision that money flowing into trust from a subchapter S corporation was as to be allocated to income, with the money going to the widow, is affirmed as the distributed funds must be allocated to income to the lifetime beneficiary widow and not the remainder beneficiary children pursuant to probate code provisions governing the allocation of items between income and principal.

Young v. McCoy (147 Cal. App. 4th 1078, filed February 21, 2007)

Superior Court of Los Angeles Coutn LP 010906, appealed to Court of Appeal, Second District Division One as Case B189885. Probate Code section 15305.5(c) does not allow a court to order a trustee to invade the assets of a discretionary trust in order to pay a restitution judgment creditor if the trustee has permissibly exercised its discretion to make no payments to the beneficiary of the trust.
Back to Trusts & Estates Home Page