Linda Monje

Judgment Against a Trust is Unenforceable Because a Trust is Not an Entity
Linda Monje, January 5, 2012
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...

Executor’s Negligence in Delaying Distribution of Estate Proceeds Does Not Entitle the Beneficiary to Payment of Interest
Linda Monje, December 28, 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...

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, December 28, 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...