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The essence of a fiduciary or confidential relationship is that the parties do not deal on equal terms, because the person in whom trust and confidence is reposed and who accepts that trust and confidence is in a superior position to exert unique influence over the dependent party.” (Barbara A. v. John G. (1983) 145 Cal.App.3d 369, 382– 383.)
The cases the court cites in support of that “rule” are also factually distinguishable. 9 Given that the issues of custody and visitation are actively being litigated in the San Francisco action, not the Los Angeles action, the court in San Francisco is in a superior position to analyze the relevant factors for an attorney-fee award under section 7605. 10 Requiring the issue to be ...
Michelle added she was a victim of financial abuse because Jeff would restrict her access to money by failing to deposit money in the bank and by “hoarding cash to spend on himself.” She was financially dependent on Jeff, who used money from a family trust to pay the mortgage and bills (such as insurance, cell phones, groceries, and utilities).
Trust beneficiary abuse in California can take multiple forms, including financial exploitation, undue influence, trustee neglect, and mismanagement, necessitating proactive action to protect beneficiaries’ rights. California law legally enforces trustees’ fiduciary duty to manage trusts in the best interest of beneficiaries, with remedies ...
After the unconventional 2020 legislative session due to the outbreak of the COVID-19 pandemic, 2021 saw the enactment of quite a few new laws covering trusts and estates. Some of the standout legislation includes the Legislature’s implementation of the tax changes from Proposition 19 and changes to conservatorship and guardianship law.
Feb 16, 2021 · Breslin (2021) 62 Cal.App.5th 801, the appellate court by a 2-1 majority held that a California probate judge may order the private mediation of trust disputes and then disallow the objections of any nonparticipating parties to a settlement agreement reached in mediation. The upshot of the case is that probate judges may be more inclined to ...
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Sep 7, 2021 · The Third District Court of Appeal’s opinion is partially published. In the published portion, which is controlling authority on all California trial courts, the appellate court faced the issue of competing statutory presumptions. Evidence Code section 662 states: “The owner of the legal title to property is presumed to be the owner of the ...
