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Matthew Bender Practice Guide: California Trust Litigation

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Matthew Bender Practice Guide: California Trust Litigation, a one-volume looseleaf practice guide, provides detailed, practical, up-to-date, and authoritative information on litigating disputes arising out of the creation and operation of trusts in California. Key topics include:

•   Proceedings attacking the validity and/or existence of a trust (trust contests).
•   Disputes involving the ownership of trust property.
•   Petitions for instructions relating to the operation of a trust.
•   Compelling a trust accounting.
•   Suits involving claims of breach of duty or malfeasance by the trustee.
•   Removal of a trustee.
•   Related matters such as financial abuse of an elder or dependent adult by a trustee, case evaluation, ethical issues, the recovery of trustee and attorney's fees in litigation, and the mediation and settlement of trust disputes.

Trust litigation can be a highly lucrative field for California attorneys. However, it presents unique issues and procedures that set it apart from other types of general civil litigation, and presents many pitfalls for the unwary and inexperienced. This publication gives estate planners and general civil litigators the basic guidance that they will need to expand their practice into trust litigation, as well as serving as a handy reference source of up-to-date practice information for experienced estate litigators.

Matthew Bender Practice Guide: California Trust Litigation establishes a new standard in practice guides. You'll find streamlined chapter organization, precise guidance on finding pertinent online information, cross references to additional relevant content, and Strategic Points, Warnings, and other types of practical tips highlighted by icons and headings that classify the tips by type so you can tell at a glance what type of information you will find in the tip. You can be sure you are fully prepared with the step-by-step guidance of checklists and the ready availability of time-saving forms.

Cross references give you instant access to relevant cases, statutes, rules, public records and secondary sources that include Matthew Bender's indispensable online publications. And with updates twice a year, you'll always have fast, accurate and up-to-date answers to procedural questions.

Matthew Bender Practice Guide: California Trust Litigation offers expert analyses, procedures, forms, and references for total research and guidance support.

Contributing Authors
•   David W. Baer, J.D. (Ch. 5)
•   Dawn Hall Cauthen, J.D.(Ch. 9)
•   Kristen E. Caverly, J.D. (Ch. 1)
•   James P. Cilley (Ch. 7)
•   Susanne B. Cohen, J.D. (Ch. 11)
•   Linda S. Durston, PhD, J.D. (Ch. 12)
•   Michelle C. Glasser, J.D., LLM (Ch. 9)
•   Margaret M. Hand, J.D. (Ch. 15)
•   Jerry R. Hauser, J.D. (Ch. 10)
•   Kay E. Henden, J.D. (Ch.16)
•   J. Lee Johnson, J.D., LLM  (Ch. 6)
•   Fiona Newell Kaufman, J.D. (Ch. 11)
•   Jayne Chong-Soon Lee, J.D., LLM (Ch. 4)
•   David D. Little, J.D. (Ch. 14)
•   Michael B. McNaughton, J.D. (Chs. 3, 5)
•   S. Andrew Pharies, J.D. (Ch. 9)
•   Zachary R. Rayo, J.D., LLM (Chs. 8, 13)
•   Michele K. Trausch, J.D. (Ch. 3)
•   Timothy F. Winchester, J.D. (Ch. 2)

Matthew Bender California Practice Guides: The Fresh New Perspective in California Research

Matthew Bender California Practice Guides redefine what first-class research support is all about. These peerless dual media tools combine the convenience of the printed word with the reach of online access to help you work smarter and faster, and get more of what you're searching for easier. With each Practice Guide, expert task-oriented analyses are just the beginning. Checklists, practice tips, examples, explanatory notes, forms, cross-referencing to other Practice Guides and online linking to Matthew Bender's vast suite of publications all combine to deliver the fast, full and confident understanding you seek. Featuring more of what you're looking for in a comprehensive research system--a task-based format, thorough yet concise content, citable expert insight, twice-a-year updating, a superior print/online interface, sample searches and so much more. Matthew Bender California Practice Guides will help lift your efforts to a whole new level of success.

Authors / Contributors

Table of Contents


Ch. 1. Representing the Beneficiary -- Defining Client's Goals and Managing Expectations

Ch. 2. Representing the Trustee -- Defining Client's Goals and Managing Expectations

Ch. 3. Evaluating Ethical Issues

Ch. 4. Handling Jurisdiction, Venue, Standing, Statute of Limitations, Notice, and Law and Motion Issues

Ch. 5. Contesting or Defending Validity of Trust or Trust Amendment under Prob. Code § 17200

Ch. 6. Challenging or Defending Action by Settlor’s Agent Under Power of Attorney

Ch. 7. Asserting or Defending Claim Regarding Ownership of Trust Property

Ch. 8. Filing or Opposing Petition Regarding Internal Affairs of Trust Under Prob Code § 17200

Ch. 9. Seeking or Opposing an Account

Ch. 10. Asserting or Defending Claim Against Trustee for Breach of Trust or Breach of Fiduciary Duty

Ch. 11. Asserting or Defending a Claim of Financial Abuse of an Elder or Dependent Adult Against Trustee

Ch. 12. Seeking or Opposing Removal of Trustee

Ch. 13. Filing or Opposing Petition for Modification or Termination of Trust Under Prob Code § 15403, 15404, 15408, or 15409

Ch. 14. Asserting or Opposing Trustee Compensation Claims

Ch. 15. Paying, Defending, and Objecting to Trustee's Attorney’s Fees and Fee Shifting in Trust Litigation

Ch. 16. Mediation and Enforcing Settlements