The Impact of Recent Trust & Estate Case Law Being Developed in Non-Probate Court Forums
California has a sophisticated, well-developed body of case law and statutory authorities, supplemented by detailed procedural court rules, which empower the judges of the Superior Court assigned to handle probate matters (i.e., “Probate Court”) effectuate the legal principles inherited from the common law with respect to the administration of decedent’s estate, trusts, and personal protective proceedings. This is generally referred to as “probate law.” California also has a similar set of legal principles arising under the domestic relations laws (i.e., Family Law). And the United States in general has a similar set of legal principles arising under the bankruptcy laws. The underlying principles that guide the application of law to fact often differs between these various court systems. What is the impact of recent trust and estate case law arising from non-Probate Court forums, that is, the Family Law court system or the bankruptcy courts? This presentation discusses In re Nolan (Bankr. C.D.Cal. July 21, 2020) 618 B.R. 860 and In re Brace (Speier v. Brace) (Cal. July 23, 2020) 9 Cal.5th 903,
Author, The Impact of Recent Trust & Estate Case Law Being Developed in Non-Probate Court Forums, San Fernando Valley Bar Association (SFVBA), 2020
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