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Kronick Moskovitz Tiedemann & Girard A Law Corporation Bakersfield, CA Document Search Results (20) Show: results per page Sort by:  | Summary Judgment May Not Be Granted In Elder Abuse Case When A Complete Defense Has Not Been Established
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article May 7, 2012, previously published on May 3, 2012 In Knox v. Dean (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., April 24, 2012), a California Court of Appeal considered whether summary judgment in an elder abuse charge against a conservator of an elderly man was correct. The court ruled that because the caregiver's defense was based on his mere...
| | No Change Of Ownership Assessment Exemption For Property Sold To Private Party Under Threat Of Condemnation
Jon E. Goetz, Jeffrey L. Massey, Brett L. Price; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article April 26, 2012, previously published on April 24, 2012 A California court of appeal recently rejected a landowner’s claim that newly purchased replacement property should be exempt from reassessment and the establishment of a new base year value because the landowner sold his original property under threat of condemnation to a private party...
| | When A Trust Specifies How It May be Modified, A Modification Made Differently Is Not Valid
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article April 24, 2012, previously published on April 23, 2012 In King v. Lynch (--- Cal.Rptr.3d ----, Cal.App. 5 Dist., April 10, 2012), a California Court of Appeal considered a challenge to changes made to a trust by one of two settlors to the trust, when the trust itself specified that any changes must be made through a written instrument signed by both...
| | Beneficiaries’ Challenges To Trust Constitutes A Contest That Violates Trust’s No Contest Clause
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article April 11, 2012, previously published on April 5, 2012 In Donkin v. Donkin (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., March 23, 2012), a California Court of Appeal considered whether challenges by beneficiaries to the trustees’ administration of a trust constituted a contest that would violate a no contest clause contained in the trust. The court...
| | Service of Postprobate Contest on the Attorney of Record Constituted Proper Service of Process and Postprobate Challenge to a Will is Allowed When a Preprobate Challenge was Never Heard
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article March 29, 2012, previously published on March 28, 2012 In Estate of Moss (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., March 20, 2012), a California Court of Appeal considered whether service of process on an attorney of record was valid in a postprobate challenge to a will. Further, the court considered whether a postprobate challenge was permissible in...
| | Law Gives Trial Courts Wide Discretion In Apportioning Attorneys’ Fees
Linda M. Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article March 22, 2012, previously published on March 18, 2012 In Lin v. Jeng (--- Cal.Rptr.3d ----, Cal.App. 2 Dist., February 23, 2012), a California Court of Appeal considered a challenge to a trial court’s apportioning of attorney’s fees in a property partition case, not in proportion to the parties’ interests, but rather in another...
| | Court Could Consider Post-Death Settlement Of California Tax Liability When Valuing Claims For Federal Estate Taxes
Linda Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article March 2, 2012, previously published on March 2, 2012 The United States Court of Appeals for the Ninth Circuit recently held that a district court could consider a $26 million post-death settlement of California tax liability as dispositive of the value of a California income tax claim which was estimated to be $62 million on an estate’s federal...
| | Judgment Against a Trust is Unenforceable Because a Trust is Not an Entity
Linda Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article January 5, 2012, previously published on December 30, 2011 In Portico Management Group, LLC v. Harrison (--- Cal.Rptr.3d ----, Cal.App. 3 Dist., December 28, 2011), a California Court of Appeal considered whether an arbitrator’s judgment against a trust could be enforced. The Court ruled that it could not because a trust is a fiduciary relationship...
| | Widow of Company’s Founder is Not Entitled to Stock Owned By Her Husband Prior to Their Marriage But the Increase in the Value of the Stock During the Time of Their Marriage is Community Property
Linda Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article December 28, 2011, previously published on December 27, 2011 In Patrick v. Alacer (--- Cal.Rptr.3d ----, Cal.App. 4 Dist., November 16, 2011), a California Court of Appeal considered a dispute between the widow of the founder of a company and trustees of the trust established by her husband to run the company, over whether she could make a claim to her...
| | Executor’s Negligence in Delaying Distribution of Estate Proceeds Does Not Entitle the Beneficiary to Payment of Interest
Linda Monje; Kronick Moskovitz Tiedemann & Girard A Law Corporation;
Legal Alert/Article December 28, 2011, previously published on December 27, 2011 In Estate of Kampen (--- Cal.Rptr.3d ----, Cal.App. 1 Dist., November 14, 2011), a California Court of Appeal considered whether the beneficiary of an estate was entitled to be paid interest because of the executor’s negligence in delaying the distribution of the estate’s proceeds. The...
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