Plaintiff filed suit for breach of contract to make a will 91 days after rejection by the estate of his claim but within a year of the decedent’s death. The administrator of the estate is the defendant, and her demurrer was sustained without leave to amend after the trial court found plaintiff’s suit was time barred. […]
In Wrongful Death And Survivor Causes Of Action Administrator Of Estate Not Required To Join All Heirs.
Plaintiff, the administrator of the estate of a decedent, brought an action alleging both wrongful death and survival causes of action. The defendants moved to abate the action for failure join all necessary parties. The administrator admitted she did not represent the heirs. The trial court ordered the entire action abated. Code of Civil Procedure section […]
Marriage Does Not Automatically Invalidate A Domestic Partnership Agreement.
Two men entered into a written domestic partnership agreement and then registered as domestic partners. Later, during the brief period when same-sex marriages were legal in California in 2008, they married. Shortly afterward, one died. The surviving spouse claimed an interest in the estate of the deceased, and the probate court limited him to what […]
No Fees For Trustee Of Special Needs Trust.
Plaintiff served as trustee of a special needs trust for four and a half months. The trust specified that any trustee who succeeded the public guardian was not entitled to compensation. Nonetheless plaintiff billed the estate $108,771.07, and the trial court awarded him $51,285.63, likely because it was the court who had appointed that particular […]