Estate Planning, Probate and Tax Law – California Case Summaries

4th District Court of Appeal, Estate Planning, Probate and Tax Law, Probate

Moramarco v. Nowakoski — Inability to pay is not a defense to Probate Code section 859 civil penalty for double damages against breaching trustee

automatic / March 27, 2026

Fourth District holds that a breaching trustee's inability to pay is not a defense to Probate Code section 859's mandatory double damages penalty and clarifies that postjudgment interest does not accrue on the prejudgment interest portion of the award.

4th District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Haun v. Pagano — Successful Petitioner in Financial-Elder-Abuse Case Could Recover Fees Even Though He Defended Competing Cross-Claim

automatic / February 18, 2026

Fourth District holds that a successful petitioner in a financial-elder-abuse trust dispute may recover attorney fees under Welfare and Institutions Code section 15657.5(a), even though he also defended against the wrongdoers' competing cross-claim for elder abuse.

1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Conservatorship of A.B. — Substantial Evidence Supported Renewal of LPS Conservatorship and Involuntary Medication Order for Person With Schizophrenia

automatic / February 4, 2026

First District affirms LPS conservatorship renewal and involuntary medication order for a 42-year-old man with undifferentiated schizophrenia, finding substantial evidence supports continued grave disability and incompetence to refuse antipsychotic medication.

1st District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Halperin v. Halperin — Civil Tort of Intentional Interference With Expected Inheritance Unavailable Where Plaintiff Had Adequate Probate Remedy

automatic / January 29, 2026

First District affirms dismissal of an intentional-interference-with-expected-inheritance claim against the plaintiff's brothers, holding the IIEI tort is not available where the plaintiff had an adequate remedy in probate (which she had earlier voluntarily dismissed).

2nd District Court of Appeal, Estate Planning, Probate and Tax Law, Litigation, Probate

Conservatorship of B.K. — Trial Court Adequately Honored LPS Conservatee’s Jury-Trial Rights Where She Personally Withdrew the Demand After Counsel Consultation

automatic / January 28, 2026

Second District affirms a one-year LPS conservatorship renewal, holding the trial court adequately honored the conservatee's jury-trial rights where she demanded a jury trial, was given time to consult counsel, and then personally withdrew her demand and confirmed her choice on the record.