Archive for November, 2010

Citizens Business Bank v. Carrano – A Strange Conception (2010-11-28)

In the recent decision in Citizens Business Bank v. Carrano (Nov. 05, 2010), the court sensibly applied the rules for construing a will to the interpretation of an estate planning trust.  This is an appropriate result, considering that the trust was intended to serve as a substitute for will.  However, the law authorizing such a […]

Lickter v. Lickter – No Standing to Sue for Elder Abuse After Distribution Made to Trust Beneficiary (2010-11-8)

The recent decision in Lickter v. Lickter (Oct. 27, 2010) — Cal.Rptr.3d —-, 2010 WL 4231300 highlights of three important points.  First, a trust beneficiary does not have standing to pursue a claim on behalf of the trust after the beneficiary has received his or her distribution pursuant to the trust.  This may seem like […]

Estate of Cairns – Judicial Interpretation of Five-Plus-Five Power (2010-11-1)

Some estate plans make use of a “five-or-five” provision to help reduce the estate tax.  In the recent decision in Estate of Cairns (Sept. 15, 2010) 188 Cal.App.4th 937, the court had to interpret such a five-or-five provision many years after the death of the testator. As the court explained, “Margaret Cairns executed a will […]