CEB Contributor
Jeffrey Galvin
at N/A
is a partner with , based in Sacramento. He litigates trust and estate disputes across Northern California, including will/trust contests and conflicts over administration. He created and edits , a blog on California trust litigation where this post first appeared.
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CA Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases
October 13, 2022
Jeffrey Galvin
Trusts & Estates, Elder Law, Trust & Probate Litigation
Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered. To address this problem, the California Legislature gave plaintiffs the opportunity to “attach” or freeze assets at the outset of a case.
Are an Estate Planner’s Notes Protected by the Attorney Work Product Doctrine?
April 14, 2022
Jeffrey Galvin
Trusts & Estates, Estate Planning
California law is surprisingly unclear as to whether the notes of an estate planning attorney are protected from discovery by the attorney work product doctrine. This can become a big issue in a will or trust contest when the attorney’s files may contain pivotal evidence as to the client’s intent, mental capacity and/or vulnerability to undue influence.
Elder Abuse Restraining Orders May Prevent Estate Planning Changes
April 7, 2022
Jeffrey Galvin
Trusts & Estates, Elder Law, Financial Elder Abuse Remedies
Can a California court stop others from changing an elder’s estate plan? Yes, in extreme circumstances, suggests a case arising from conflict in a blended family over which side would benefit from an elder’s trust.
Final Ethics Opinion Guides Lawyers on Clients with Diminished Capacity
March 3, 2022
Jeffrey Galvin
Trusts & Estates
We
Blast from the Past: Trusts Subject to Medi-Cal Reimbursement
January 26, 2022
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
We begin the year with a case,
Another Broad Reading of the Elder Abuse Act Protects Seniors
January 6, 2022
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
We “ring” in 2022 with a recent case that again shows the long reach of statutory financial elder abuse claims in California trust and estate litigation. In
Should 'Dutiful Children' and 'Dutiful Spouses' Be Exempt from the Undue Influence Presumption?
November 17, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
California trust and estate disputes often feature claims by one sibling that another gained a larger share by unduly influencing a parent. When there are factors suggesting undue influence, who should bear the burden of proof? The disfavored sibling or the favored one?
Fraud Claims May Reopen Court-Approved Accountings
October 4, 2021
Jeffrey Galvin
Trusts & Estates, Guardianships & Conservatorships, Conservatorship and Guardianship Accounting, Trust & Probate Litigation
Even a court order approving an accounting may not protect a California fiduciary if the accounting is inaccurate. That’s the upshot of
Steps to Follow with a Difficult Co-Trustee
July 28, 2021
Jeffrey Galvin
Trusts & Estates, Trust Administration, Trust & Probate Litigation
We’ve written about how co-trustee conflict
Ethics Opinion Guides Lawyers on Counseling Clients with Diminished Capacity
July 19, 2021
Jeffrey Galvin
Legal Ethics, Trusts & Estates, Estate Planning, Guardianships & Conservatorships
What are the ethical obligations of a California lawyer for a client with diminished mental capacity? The ethics committee of the State Bar of California answers this key question in draft
Co-Trustee Conflict Fuels California Trust Litigation
July 15, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
California trust litigation often stems from disagreements and hostility among family member co-trustees. Rather than picking one of their kids to serve as sole successor trustee when they die or become incapacitated, Mom and Dad often appoint two or more of their children to act together as successor co-trustees.
Trustee Fees in California: Tips for Family Member Trustees (Part 2 of 2)
June 24, 2021
Jeffrey Galvin
Trusts & Estates, Trust Administration
This article is Part 2 in a two-part series. See
Trustee Fees in California: Tips for Family Member Trustees (Part 1 of 2)
June 15, 2021
Jeffrey Galvin
Trusts & Estates
This article is Part 1 in a two-part series. Check back next week for Part 2.
Immortal Right: Income Beneficiary’s Entitlement to Accounting Continues after Death
May 12, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
Many California trusts confer a lifetime right to income on a person (often the surviving spouse) with the remainder passing to designated survivors upon the income beneficiary’s death. When the income beneficiary dies, is it too late for the executor of the beneficiary’s estate to request an accounting for the purpose of evaluating whether the deceased beneficiary received all income to which he or she was entitled?
California Appellate Courts Are Doubly Divided Over Probate Code Section 859
April 26, 2021
Jeffrey Galvin
Appellate Law, Trusts & Estates, Trust & Probate Litigation
I
Why Contingency Fee Representation Is Hard to Obtain in Trust and Will Contests
April 22, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
Trust and estate litigators often receive inquiries about whether we will represent parties in California trust and will contests on a contingency basis. In contingency representation, the lawyer does not collect a fee unless the client obtains a favorable settlement or court judgment. Contingency fees usually are structured on a percentage basis, with the lawyer receiving perhaps 25-40 percent of the value of the assets collected as specified in the fee agreement.
Watch Out for SLAPPs in California Trust and Estate Litigation
April 14, 2021
Jeffrey Galvin
Litigation Practice & Procedure, Motion Practice , Anti-SLAPP or SLAPPBack, Trusts & Estates, Trust & Probate Litigation
In heated California trust and estate litigation, one party’s petition to the probate court often leads the other side to file a retaliatory petition. If Sally petitions in Sacramento County Superior Court to contest Mom’s trust amendment on the ground that Mom had Alzheimer’s disease and lacked sufficient mental capacity to reduce Sally’s share, brother Bob may file a petition to enforce the no contest clause in the trust against Sally and thus seek to intimidate her.
'Mental Health Disorder' Must Be Proven Along with Delusion to Invalidate Estate Plan
April 5, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
When are delusions enough to invalidate an estate plan? The California Court of Appeal addressed that issue last month in
When Can California Trustees Use Trust Funds to Hire Lawyers?
March 29, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
Many family member trustees are uncertain about whether and to what extent they can use trust assets to obtain legal representation. For example, when two parents choose their daughter, upon their incapacity or death, to administer their trust as the successor trustee, the daughter may be unsure whether she can use trust money to hire a lawyer to help her deal with demands and complaints from her brother.
Is 'Bad Faith' Needed for Double Damages Under Probate Code Section 859?
March 24, 2021
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
A recent decision from the California Court of Appeal shows a continued split of authority as to the meaning of
Take a Fire Prevention Approach to Your Estate Plan
January 20, 2021
Jeffrey Galvin
Trusts & Estates, Estate Planning
A new year is a good time to revisit your estate plan. The big question is whether your will, trust, power of attorney, and advance health care directive accomplish your personal objectives. Guidance from an estate planner will help you review your plan in light of tax and other changes in the legal landscape, as well your evolving personal circumstances.
What a Catch! California Courts Can Adjudicate Claims Against Nonresident Trustees
January 13, 2021
Jeffrey Galvin
Trusts & Estates, Estate Planning, Trust Administration, Trust & Probate Litigation
What court should hear a dispute over a California trust? I briefed this question last month when a judge questioned if a case should instead be adjudicated in neighboring states. Such jurisdiction issues come up occasionally given the mobility of family members with interests in trusts.
When Do California Trust and Estate Cases Have Preference in Trial Setting or Appeal?
December 9, 2020
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
Getting a civil or probate case to trial in California can take a long time. The pandemic has backed up many courts given that criminal and civil trials starting in March 2020 were postponed. While most California trust and estate disputes do not require juries, a multi-day court trial remains a challenge a pandemic world. If done virtually, how will witnesses testify and how will exhibits be handled?
Who Gets the Tahoe House? And Other California Real Estate Inheritance Disputes
November 30, 2020
Jeffrey Galvin
Trusts & Estates, Probate Administration, Trust Administration
Many California trust and estate disputes involve the allocation of real estate among several beneficiaries. Mom and Dad, may they rest in peace, owned an upscale home in the Fab 40s neighborhood of East Sacramento, a sweet Tahoe vacation home, and a few rental duplexes, but did not specify how these assets were to be split between their children. The daughter and/or son tapped to serve as successor trustee has to sort it out.
SB 1146 Facilitates Remote Depositions and Electronic Service, But Leaves Challenges in California Trust and Estate Litigation
November 9, 2020
Jeffrey Galvin
Litigation Practice & Procedure, State & Local Government, Trusts & Estates
As we enter the eighth month of the COVID-19 pandemic, California courts and litigants continue to grapple with how to move civil cases forward.
California Court May Award Attorney’s Fees to Financial Elder Abuse Plaintiff Who Doesn't Prove Damages
October 12, 2020
Jeffrey Galvin
Trusts & Estates, Elder Law
A recent case from the Court of Appeal once again illustrates the robust nature of claims under California’s Elder Abuse and Dependent Adult Civil Protection Act, also known as the Elder Abuse Act.
California Appeals Court Finds Daughter Liable for Interfering with Stepmother’s Inheritance
October 7, 2020
Jeffrey Galvin
Trusts & Estates, Trust & Probate Litigation
Intentional interference with expected inheritance (IIEI) was recognized as a legal claim in California about eight years ago in
Temporary Conservators May Lack Authority to Sign Contracts for Conservatees
September 15, 2020
Jeffrey Galvin
Trusts & Estates, Guardianships & Conservatorships
Can a
Guardian of the Galaxy: What's the Role of a Guardian Ad Litem in Trust and Estate Disputes?
September 2, 2020
Jeffrey Galvin
Trusts & Estates, Guardianships & Conservatorships
Most California trust and estate disputes involve adults who can make their own choices about what to seek and how hard to litigate, such as the common scenario of siblings competing for assets. But many disputes, or at least potential disagreements, involve people who can’t fend for themselves, such as mentally incapacitated adults, children, or even unborn potential beneficiaries who are a glimmer in the mind’s eye.
Home Sweet Home: California Legislature Aims to Safeguard Conservatee Residences
August 26, 2020
Jeffrey Galvin
Trusts & Estates, Guardianships & Conservatorships
Effective Jan., 1, 2020, the California Legislature changed the state's conservatorship law with respect to the personal residences of conservatees.
Clear and Convincing Evidence Standard Continues to Apply in California Appeals
August 17, 2020
Jeffrey Galvin
Appellate Law, Evidence, Trusts & Estates, Guardianships & Conservatorships
Last month the California Supreme Court
What California Trust and Estate Litigation Will Arise From the Economic Downturn? (Part 2 of 2)
July 27, 2020
Jeffrey Galvin
N/A
This article is Part Two in a two-part series. Part One can be found
What California Trust and Estate Litigation Will Arise From the Economic Downturn? (Part 1 of 2)
July 7, 2020
Jeffrey Galvin
Trusts & Estates, Estate Planning
This article is Part One in a two-part series. Part Two can be found
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