Sunday, June 20, 2010

New California Trust/Estate Updates, Soria v. Soria, and Munn v. Briggs

Soria v. Soria (Calif. Court of Appeal, 4th Dist), holding that beneficiaries could not recover Cal. Probate Code sec. 17211(b) attorney’s fees for a suit against a trustee for breach of fiduciary duty where the suit did not contest the trustee’s account within the meaning of the statute.

Munn v. Briggs (Calif. Court of Appeal, 4th Dist), holding that although California has not recognized a cause of action for tortuous interference with an inheritance expectancy, such a remedy might exist in a circumstance where there is no adequate remedy in probate to challenge a Will, trust, or property transfer.

David Tate, Esq., http://davidtate.us