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Probate Trusts

[02/01] Williamson v. Brooks
In a case involving an irrevocable subtrust in which the beneficiary seeks the value of 'opportunities lost' resulting from the trustees' refusal or neglect to distribute trust assets to the beneficiary, the trial court's judgment in favor of co-trustees is affirmed where trustees did not breach their fiduciary duties and neither the subtrust nor beneficiary suffered any harm as a result of co-trustees' actions.

[01/18] Pizarro v. Reynoso
In an acrimonious family squabble over the property of the deceased patriarch challenging the granddaughter-trustee's sale of the property, the trial court's judgment and award of attorney fees to the trustee is: 1) reversed as to the award of attorney fees and costs to the extent it imposed personal liability; but 2) affirmed in all other respects.

[12/16] Conservatorship of the Person of B.C.
In a conservatorship action, the trial court's order issuing letters of conservatorship under Probate Code section 1823 is affirmed. The Court held that probate conservatorships do not require a personal waiver of the conservatee's right to a jury trial where the proceedings pose no threat of confinement and are conducted pursuant to Probate Code section 1827.

[11/03] Estate of Dayan
In an appeal of the probate court's denial of plaintiff's Probate Code section 850(a)(2) petition for an order conveying commercial real property and its denial of plaintiff's judgment on the pleadings motion, the probate court's orders are affirmed in their entirety where the trial court correctly denied plaintiff's motion for judgment on the pleadings and did not err by denying plaintiff's section 850(a)(2) petition.

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