During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Probate

Subscribe to California Appellate Tracker

Thank you for your desire to subscribe to Severson & Werson’s Appellate Tracker Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

Under Probate Code 6100.5(a)(2), a person lacks testamentary capacity if at the time of making a will or trust, he or she suffers from a mental health disorder with symptoms including delusions or hallucinations, and those delusions or hallucinations lead the person to make a disposition of property he or she otherwise would not have made.  Here, the court affirms… Read More

Probate Code 2640.1 allows a trial court to award attorney fees against the estate of the conservatee and in favor of the person who petitioned for appointment of a conservator if the court appoints a conservator different from the one the petitioner requested.  Here, however, the conservatorship petition was dismissed in a settlement before any conservator was appointed.  In that… Read More

Following n Hill v. Superior Court (2016) 244 Cal.App.4th 1281 and Kerley v. Weber (2018) 27 Cal.App.5th 1187, and disagreeing with Levin v. Winston-Levin (2019) 39 Cal.App.5th 1025, this decision holds that double damages may be awarded under Probate Code 859 without a finding of bad faith if the defendant has taken or concealed property of a dependent adult, a… Read More

A probate judge has authority to enter orders or take other action necessary or proper to dispose of matters before it.  (Prob. Code 12706.)  Those incidental powers include the power to order parties to the proceeding to a mandatory mediation session.  Here, the probate court did just that.  Persons who claimed an interest in the trust but who did not… Read More

"Jurisdiction" is a term with many meanings.  As used in Probate Code 17000, jurisdiction does not refer to fundamental jurisdiction of the subject matter, nor to in personal, in rem, or quasi-in-rem jurisdiction.  Instead, that section simply provides that probate matters are to be heard in the superior court's probate division rather than its normal civil courts.  The section does… Read More

Prob. Code 21620 and 21622 deal differently with pretermitted heirs born after and those born before the testator's death.  Section 21620 establishes a presumption that the heirs born after the testator's death were omitted unintentionally and thus are entitled to inherit, unless an opposing party proves otherwise.  Under 21622, however, the burden is on the heirs born before the testator's… Read More

Prob. Code 15401 sets out a statutory procedure for revocation of a revocable trust under which the trustor need only sign a revocation and deliver it to the trustee.  The trustor may avail himself of this statutory procedure unless the revocable trust expressly states that a different method of revocation set out in the trust instrument is the exclusive means… Read More

Probate Code 859 provides for an award of double damages if the court finds that the defendant son has in bad faith wrongfully taken . . . property belonging to a . . . dependent adult, . . .  or has taken . . . the property by the use of undue influence in bad faith or through the commission… Read More

A testator’s gift of "all my estate" to two individuals made them both residuary recipients; when one predeceased the testator and was an aunt by marriage (hence not “kindred”), her share of the residue was distributed to the other residuary beneficiary, not the predeceased aunt's heirs. Read More

As the Probate Code allows a plaintiff to sue the estate of a decedent to prove that the decedent was liable for an obligation covered by his insurance, the insurance company is considered a “party” to the litigation for purposes of 998 settlement offers and therefore can be liable for cost recovery if the insurer does not accept the plaintiff's… Read More

1 2 3 4