Christie v. Kimball (California Court of Appeal, Second District, January 26, 2012), holds that the probate court can order an accounting sua sponte (i.e., on its own initiative) under its general powers and that generally an order compelling an accounting standing alone is not appealable.  Let me just say, if there was any doubt, as a general matter, I would like to see judges take more initiative to get the information out there and available.  I do note that there was an argument that the person requesting an accounting did not have legal standing for such.  The trial court stated that it was not determining that issue (i.e., whether the person was entitled to an accounting), but was ordering an accounting for its own benefit so that the court could determine what was going on.  Kind of a slippery slope.  Generally I don’t support having to provide an accounting when standing is lacking; however, many trust and estate issues raise equitable issues, such as in cases where there is reliable evidence of possible wrongdoing, undue influence or misappropriation.  In many of those situations it is helpful that the court has discretion to act on its own.

An interesting article from The Probate Lawyer Blog – Farrah Fawcett’s estate, and ownership of a famous Andy Warhol painting of Fawcett, Click Here

NY Times article link, re killing medicaid the California way by reducing medical provider reimbursement rates.  Pursuant to the article medicaid serves 50 million poor and disabled Americans.
Click Here

Click the following link for a discussion about British Columbia Law Institute’s Recommended Practices for Wills Practitioners Relating to Potential Undue Influence. The guide is timely to a change in legislation in British Columbia that when the new Wills, Estates and Succession Act becomes effective. Click Here

The following is a link to a short video summarizing what a California conservatorship is, when it can be granted by a court, and when it can be helpful, Click Here.

Portico Management Group, LLC v. Harrison (California Court of Appeal, Third District, Case No. C062060, December 28, 2011) reaffirming that a trust is not an entity that can be sued – instead, it is appropriate to sue the person who is the trustee of the trust – i.e., the party to the case should be named similar to the following manner: “(insert the trustee’s name) as Trustee of the (insert the name of the trust) Trust Dated . . . .”