Author Archives: K. Greg Peterson

Changes in Conservatorship Law to Help Alleviate SF & LA Homeless Problem?

The California Legislature is proposing new law to help San Francisco and Los Angeles address chronic homelessness. SB-1045 would change CA’s conservatorship law to allow local officials to examine serious mental illness and substance use within their communities and use evidence … Continue reading

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Probate Court Cannot Hear Case Concerning Insurance Policy Where Estate Not A Named Beneficiary and Policy Not Claimed to Be Part of Estate.

After the wife from a second marriage objected to an order confirming title to certain insurance proceeds to the sons from a first marriage, the Court of Appeal held the order was void and reversed. The insurance policy named the … Continue reading

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TRUST PROVISION CANNOT PROTECT FORMER TRUSTEE’S ATTORNEY-CLIENT COMMUNICATIONS FROM DISCLOSURE TO SUCCESSOR TRUSTEE

In Morgan v. Superior Court, 23 Cal. App. 5th 1026, the Court of Appeal denied Petitioner Thomas Morgan’s petition for writ of mandate and/or prohibition from the lower court’s formal order and minute order on the grounds that the orders improperly … Continue reading

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IRS Takes Aim at State Tax Credit Proposed by Certain High Tax States

As many know, President Trump’s recent tax legislation, entitled the Tax Cuts & Jobs Act, included as one of its provisions a $10,000.00 total limitation on the amount of the itemized deduction for state and local income and property taxes, starting in … Continue reading

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Couple Could Bring Action for Elder Abuse Involving Misuse of Funds Held for Their Children in Trust

The First Appellate District Court recently determined that even though funds deposited into a Trust were “owned” by the Trust, the elderly couple who funded the Trust could sue under the Elder Abuse and Dependent Adult Civil Protection Act for mismanagement … Continue reading

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Child Lacked Standing to Bring an Elder Abuse Action on the Mother’s Behalf

In Tepper v. Wilkins (2017) 10 Cal.App.5th 1198, the Court of Appeal affirmed the trial court’s order sustaining a demurrer, without leave to amend, and dismissing the first amended complaint of Belinda Wilkins Tepper alleging elder abuse. Tepper sued her … Continue reading

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Under LPS Act, Court Must Either Obtain Waiver of Jury Trial or Provide Jury Trial, Unless Proposed Conservatee Lacks Capacity to Waive

A recent case clarifies the rights of a proposed conservatee in proceedings held pursuant to the Lanterman–Petris–Short (LPS) Act. In Conservatorship of Heather W. (2016) 245 Cal.App.4th 378, the Public Guardian of San Luis Obispo County had been appointed as … Continue reading

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