Articles

Terry Franklin and Bob Sacks Contribute Article on Trust & Estate Litigation Trends to American Law Institute - CLE

Terry Franklin and Bob Sacks' article, "Hot Topics in Estate, Trust & Conservatorship Litigation: Contests After Death, Pre-Death Contests, and Intentional Interference with Expected Inheritance (Among Other Things)" was recently published in the American Law Institute - CLE Estate Planning Course Materials Journal.

The article addressed:

  • Capacity and undue influence issues that come up in will and trust contests, and specifically whether a different standard does, and should, apply to a challenge to a trust as opposed to a will.
  • Pre-death contests in both conservatorship or guardianship proceedings and under pre-death validation statutes.
  • Lawsuits that claim someone has intentionally interfered with the inheritance rights of another.
  • Practical tips for estate planners tied to situations in the planning stage where concerns arise about a possible future challenge on capacity or undue influence grounds.

It’s Time to Exempt No-Contest Clause Enforcement Proceedings From the Reach of the Anti-SLAPP Statute – By: Douglas E. Lawson and Eunice Y. Lim, Published: California Trust and Estates Quarterly – Volume 22, Issue 2, 2016

Enforcing No-Contest Clauses in the Face of Anti-SLAPP Motions - By: Eunice Y. Lim and Douglas E. Lawson, Published: Los Angeles Lawyer Magazine, January 2016

Application of the Harmless Error Doctrine in California and Beyond - By: Jessica Uzcategui, Published: California Trusts & Estates Quarterly - Volume 21, Issue 1, 2015

Tracing One Family's Path to Freedom Through Love - By: Terrence M. Franklin, Published: American Bar Association Probate & Property, September/October 2014

'Wobbly' Justice at the Court of Appeal - By: Matthew W. McMurtrey and Leila B. Azari, Published: The Recorder, July 2013

An Associate's Guide to Surviving Trial Crunch Time - By: G. Lisa Wick, Published: The Recorder, February 2013

Family Feuds - By: Robert N. Sacks, Published: Private Wealth, December 2008/January 2009

Crisis in Conservatorships - By: Margaret G. Lodise, Edward J. Corey, Jr., Peter S. Stern, Published: California Trusts & Estates Quarterly - Volume 13, Issue 1, Spring 2007

What is a Care Custodian Under Probate Code 21350 - By: Terrence M. Franklin and Matthew W. McMurtrey, Published: California Trust & Estates Quarterly - Volume 11, Issue 4, Winter 2005

Pitfalls and potholes: Lack of capacity and undue influence (pdf) - By: Robert N. Sacks, Published: Gift Planning, 4th Quarter 2002

Mediation: An effective method to resolve estate and trust disputes (pdf) - By: Robert N. Sacks, Published, Estate Planning, June 2000

Ethics for estate planners: The latest on the ABA Model Rules and Ethics 2000 (pdf) - By: Terrence M. Franklin, Published: American Bar Association Probate & Property, May 2014