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Key Trust Terms to Know Before diving into the case, it helps to understand a few common legal terms used in trust law: Settlor (or Trustor): The person who creates the trust and puts their property into it. Trustee: The person or entity responsible for managing and protecting the trust assets according to the trust rules. Revocable Trust: A trust that the settlor can change, amend, or completely cancel at any time during their lifetime. Irrevocable Trust: A trust that cannot

When someone passes away, families usually focus on grieving and planning a memorial. But legally, a lot of administrative work has to happen behind the scenes. Property must be transferred, houses need to be sold or reassigned, and government agencies need to be notified. In California, a specific part of the state's legal code—Division 2, Part 4 of the Probate Code (Sections 200 through 217)—controls how the state officially tracks and processes a person's death. Let’s brea

If someone commits a terrible crime against a family member to get their money, should the criminal still receive an inheritance? California law says absolutely not. Probate Code sections 250 through 259 cover what happens when someone commits homicide or abuses an elder. These rules ensure that bad actors cannot profit from their crimes. The "Slayer Rule" for Homicide If a person feloniously and intentionally kills someone, they lose all rights to that person's money and pro

When someone passes away owning real estate, bank accounts, or other property, tying up loose ends requires more than just grieving. In California, the Probate Code sets up clear rules for handling property transfers, clearing real estate titles, and fulfilling mandatory state notifications. Division 2, Part 4 of the California Probate Code (Sections 200–217) outlines the exact roadmap for establishing and reporting the fact of death. Here is what attorneys, personal represen

This is a where a trust beneficiary files a lawsuit against a trustee in both her official capacity and her individual, personal capacity the Trustee wins the dismissal of the lawsuit, and then asks the probate court to make the trust pay for her personal attorney fees. Can a trustee who is sued in her individual capacity recover personal defense fees using the probate court's broad equitable powers? A 2026 California court case called McKinley v. Harris answers with a firm n

Imagine a parent sets up a living trust, naming themselves as both the person who runs the trust (the settlor) and the person who manages it (the trustee). Years later, after that parent passes away, an adult child with a future interest in the trust steps forward. The child wants to look at every financial transaction, bank statement, and asset transfer from the past several years—long before the parent died. Can a remainder beneficiary demand an accounting for the time when

Imagine you are the executor of a deceased person's estate. You want to check the financial history of a trust to see what happened to the money. You ask the court for an accounting, and you start gathering records. Instead of letting you finish your investigation, the judge suddenly throws your case out of court at a routine status conference. No trial, no witnesses, and no warning. Is a probate judge allowed to dismiss a petition that way? A 2021 California court case calle

Imagine you are named in a will to get money from a trust. Then, the people in charge tell everyone to go to a mediation meeting to sort things out. You get the notice. But you decide to ignore it and stay home. Can the other people cut you out completely? A famous California court case called Breslin v. Breslin says yes. What Happened in the Breslin Case? A man named Don Kirchner passed away with millions of dollars in his trust. His paperwork listed several charities to get

Imagine your business gets hurt in a bad fire. You have fire insurance to help you rebuild. You expect your insurance company to help you get back on your feet. Instead, the insurance company starts acting like you committed a crime. They try to trick you so they do not have to pay a single dollar. That is what happened in a famous 1973 California court case called Gruenberg v. Aetna Insurance Co. What Happened in the Case? A man named Jerome Gruenberg owned a restaurant and

Rent Increase Caps for 2026 City of L.A. (LARSO): For rent-stabilized units built before Oct. 1, 1978, the maximum annual rent increase is capped at 3% starting February 2, 2026. Extra fees for gas, electricity, or additional dependents are no longer allowed. Unincorporated L.A. County (RSTPO): For eligible units built on or before Feb. 1, 1995, the max increase is 1.93% (up to 2.93% for small landlords and 3.93% for luxury units) through June 30, 2026. State Law (AB 1482): F

When an aging parent alters their estate plan late in life to drastically favor one child over another—especially when health is failing and medications or outside pressure are involved—it frequently ends up in a fierce will and trust contest. In Masters v. Ries (2017) 2017 Cal. App. Unpub. LEXIS 2042, a California appellate court reviewed a trial court's decision to declare a father's will, trust, and asset designations entirely void due to undue influence. The Big Mistake:

When someone makes an oral agreement or a joint promise to leave their property to specific family members (like nieces and nephews) in their will, but later changes their mind and creates a new will or trust cutting those family members out, it triggers a major legal battle. However, trying to solve that fight in the wrong courtroom can get your case thrown out immediately. In Estate of Mullins (1988) 206 Cal. App. 3d 924, a California appellate court clarified a crucial jur

When a family member is suddenly cut out of a revocable trust by a late-stage amendment, can they challenge it in probate court—even though the final text of the trust leaves them with nothing? In Barefoot v. Jennings, the California Supreme Court answered a resounding yes, resolving confusion around trust litigation standing and protecting the true intent of settlors. The Big Mistake: Assuming Disinherited Beneficiaries Lack Standing When Joan Lee Maynord passed away, her

If you are dealing with a specialized tenancy—like a houseboat in a marina—standard eviction rules can get complicated very quickly. Landlords and tenants often clash over what kind of pre-filing notice is legally required before an unlawful detainer lawsuit can even begin. In Parsons v. Superior Court, a California appellate court tackled how tenants can challenge defective eviction notices when the dispute requires looking at evidence outside the paperwork itself. The Big M

If you are a tenant facing an eviction, or a landlord seeking to recover possession of property, it is important to understand what a motion to quash can and cannot accomplish in an unlawful detainer case. For years, some litigants relied on language from older cases to argue that a motion to quash service of summons could be used to attack defects in an unlawful detainer complaint or challenge whether the complaint stated a valid cause of action. In Stancil v. Superior Court

Imagine you get sued. You hire a lawyer. Your lawyer is busy, or sick, or simply misses a deadline to file your response. The other side notices. Instead of picking up the phone, they rush to the court and ask for an automatic win. A few months later, you learn you owe a large sum of money. You never got a chance to tell your side of the story. That situation happens more often than most people think. The good news is that California courts have made it clear that this kind o

When a California corporation cannot be found, a plaintiff may ask the court for permission to serve it through the Secretary of State. But a court will grant that permission only after the plaintiff proves it really tried to find the company first. The Rule Today Under Corporations Code section 1702, a plaintiff may serve a corporation through the Secretary of State only if two things happen. First, the plaintiff must show by affidavit that the corporation could not be serve

What happens if your lawyer disappears and your case is dismissed without your knowledge? This case offers protection to clients in that situation. What Happened Dr. Delbert Aldrich, a dentist, was seriously injured in a car accident. He hired a lawyer, who filed a lawsuit and then stopped working on it. The lawyer never answered the other side's written questions. Without telling his client, he was suspended from practicing law in July 1981. A month later, the court dismisse

California's Fair Employment and Housing Act (FEHA) protects workers who complain about discrimination or harassment. But who can be held responsible when an employer retaliates against them? What Happened Scott Jones worked as a restaurant manager at a La Jolla hotel. He complained about offensive jokes and comments by his supervisor and others. He said that afterward his supervisor wrote him up, excluded him from meetings, and pushed him out. A jury awarded him about $1.4 m

What can you do if a process server falsely claims to have served you, and you lose a lawsuit because of it? What Happened An attorney named Karl Kappel was sued by a former client. A process server signed a declaration under penalty of perjury saying he had personally handed Kappel the papers. Kappel said that never happened. He was working in another county that day. Because the court believed the declaration, it entered a default against Kappel. The former client won about