ONCALL
...Family Law
......Death of a Spouse
 18 Cards On This Topic:
  • Trust may be modified via PC §15401 unless the trust instrument provides a method of modification it explicitly makes exclusive, or otherwise expressly precludes using revocation procedures for modification.
  • Stepson had standing to claim natural parentage heirship even though he was not the decedent's biological child.
  • Family's wrongful death suit against H's employer properly dismissed where his injury and death were employment related, solely within the scope of workers' comp., and no exceptions applied.
  • Compliance with two-witness requirement not required where former fiancée seeking to probate a letter showed by clear and convincing evidence that testator intended it to be her will when she signed it.
  • Applying the reasoning of Balistreri and King, the trust terms governing amendments control settlor's purported amendment of a revocable trust.
  • W's petition to vacate H's conservatorship properly stricken where H lacked capacity, W used myriad means to unduly influence him, and interfered with his appointed counsels.
  • Child of a marriage under FC §7540 marital presumption is barred from proving a parent-child relationship with a deceased 3d person for purposes of inheritance under intestate succession.
  • CA probate court to apply CA law in determining if parent-child relationship exists as a condition to heirship claim re CA domiciliary's estate; immaterial whether IN's laws would not recognize such a relationship.
  • SJ for D reversed where court did not consider effect of divorce decree on ex-H's life insurance policy, and ex-H's agent continued to assure W she was sole beneficiary.
  • The signed MSA constituted a “complete property settlement” within the meaning of Prob. Code §145 and waived H’s rights in W’s estate as a surviving spouse.
  • PMA provision waiving all rights upon death of spouse precludes survivor from being named estate's personal representative.
  • When a trust specifies an amendment procedure, a purported amendment made in contravention of that procedure is invalid.
  • Under Prob. Code §15402, the method of modification is the same as the method of termination, barring a contrary provision in the trust.
  • The default rule is form of title controls at death, not the community property presumption.
  • A party receiving notice of court-ordered probate mediation, who fails to participate, is bound by the result.
  • The evidence failed to show trustor had a "mental health disorder” as contemplated in Prob. Code §6100.5 (a)(2) at the time she executed the trust instrument.
  • Cs’ actions of taking advantage of H’s physical weakness and distress and physically separating him from his atty. prevented him from confirming his estate plan and constituted the tort of intentional interference with expected inheritance.
  • If testamentary documents show intent to exclude potential children, even unknown ones, then decedent did not fail to provide for an unknown child solely because he was unaware of the child’s birth.


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