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Probate Trusts

[11/08] Estate of Victor Reed
Rejecting the appeal of a trial court decision removing a man as the personal representative of a probate estate because the court had stated its decision to remove him and expressly reserved jurisdiction to issue a further statement of its reasons and the order, meaning that the appeal, filed before the issuance of that statement, was untimely because the order was not yet final.

[10/23] P. v. Shine
Reversing and remanding a trial court grant of a trustee's petition for advanced fees from the trust to defend their continuing control of the trust in a case where the Attorney General was petitioning for their removal for mismanagement because the probate court applied an incorrect legal standard in coming to its decision.

[10/23] Aviles v. Swearingen
Affirming an order denying a petition to disinherit the respondent in a probate case because the no-contest clause covering the trust was neither reiterated nor specifically mentioned in the challenged Third Amendment of the trust and the challenge to the Third Amendment did not trigger the clause as a result, and dismissing a purported appeal from an order removing appellant as trustee pending trial because it was not a final appeal-able order.

[10/13] Parille v. O'Connor
In an estate planning case, arising after daughter petitioned for ownership over funds remaining in joint accounts held with her deceased mother, the trial court's grant of the petition is affirmed where the trial court's finding of no contrary intent on the part of decedent is supported by substantial evidence.

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