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.

Probate court did not err in charging the interests of two trust beneficiaries for the fees incurred by the trustee in defending against their unwarranted charges which were brought in bad faith and supported by false testimony, but the court did err by imposing personal liability on the beneficiaries for sums exceeding the amount of their interest in the trust.  Read More

Trial court properly concluded that decedent’s action in quit-claiming a one-third interest in a parcel of real property to defendant prior to her death could be construed consistently with her will, which disposed of all property owned by her probate estate at the time of her death.  Read More

A court may order the trustee of a trust to satisfy the beneficiary’s child support obligations from trust funds despite any trust provisions to the contrary.  Read More

The 2008 repeal of Probate Code section 21230 bars later-filed suits for a declaration that a proposed suit would not be a "contest" within a no-contest clause's scope, even if the underlying will or trust was executed before 2008.  Read More

A complaint charging brother/trustee with wrongfully taking money from elderly mother and from family trust to fund litigation against plaintiff sister was not a SLAPP suit subject to an Anti-SLAPP motion to strike, except for the cause of action alleging wrongful conduct in filing and prosecuting the earlier suits.  Read More

In extraordinary circumstances necessary to prevent injury or loss, Probate Code 1310(b) permits interim orders in trust or probate matters that are not stayed pending appeal, and the appellate court can issue no relief with regard to appeals that challenge this type of order.  Read More

Trial court erred in dismissing beneficiary’s challenge to trust amendment, allegedly signed under undue influence, based on another beneficiary’s disclaimer which left plaintiff’s share of the trust unaffected by the challenged amendment.   Read More

Though the trial court erroneously proceeded under the Enforcement of Judgments Law rather than the Probate Code in adjudicating rights under a judgment creditor’s levy after the judgment debtor’s death, the ensuing judgment could not be collaterally attacked based on that legal error since the trial court had fundamental jurisdiction to enter the judgment.  Read More

A will and trust were properly invalidated under Probate Code 21380’s conclusive presumption of undue influence where they named as principal beneficiary the attorney who drafted them for an elderly mentally impaired client.  Read More

Trust beneficiary did not have any right to obtain information about the disposition of assets while the trust was revocable.  Read More

1 2 3 4