New CA Probate CaseMar 22, 2022
To do the best job possible as a mediator, arbitrator and referee, I keep up with and summarize the new published California civil cases. In this blog I discuss a new civil case that was published last month.
In probate actions a common issue facing the courts is whether an amendment to a revocable trust was valid. Last month, the First District Court of Appeal published a new decision addressing whether an amendment to a revocable trust was valid when it was not acknowledged by a notary public. In the video above I briefly discuss this new case. Below is my summary of this new case.
New Probate Decision
Balistreri v. Balistreri (2022) _ Cal.App.5th _ , 2022 WL 557745: The Court of Appeal affirmed the trial court's order denying a petition to confirm the amendment of a revocable trust. Petitioner alleged that the day before her husband, Sal C. Balistreri (decedent) died, the two amended their revocable trust. The trust mandated that any amendment "shall be made by written instrument signed, with signature acknowledged by a notary public." The trial court properly concluded the claimed amendment was invalid under Probate Code section 154021 because the amendment was not acknowledged by a notary public. (C.A. 1st, February 24, 2022.)
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California courts are constantly publishing new civil case decisions. Last year in 2021, the California Supreme Court published 22 new civil or family law decisions and the Court of Appeal published 483 new civil or family law decisions, for a total of 505 new civil or family law cases!
While you don't need to read new case decisions outside of your civil practice area, it's clear that there are lots of new case decisions each year that you need to know about to keep current in your practice areas.
I keep up with the new case law, and I help California lawyers easily keep up with the new case law by publishing California Case Summaries™ with short summaries (one paragraph), organized by legal topic, of the new published civil or family law decisions. I publish monthly, quarterly, and annual publications, giving you several options for mastering the new case law.
Here are the subscription options:
California Case Summaries Monthly™: short summaries (one paragraph), organized by legal topic, of every new civil and family law case published each month by California courts for only $50 per attorney per month. To subscribe, click here.
California Case Summaries Quarterly™: short, organized summaries of every new civil and family law case published each quarter, with the official case citations, for only $200 per attorney per quarter. To subscribe, click here.
California Case Summaries Annual 2021™: short, organized summaries of every new civil and family law case published in 2021 for only $900 per attorney per year. To subscribe, click here.
Annual Practice Area Case Summaries 2021. In January 2022 we published our Annual Practice Area case summaries for the practice area of Employment, Family Law, Real Property and
Torts. They cost only $350 per year per attorney. To subscribe select the area below:
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Until my next blog post, stay safe and healthy.
Monty A. McIntyre, Esq.
Mediator, Arbitrator & Referee
Lawyer Master Mentoring™
California Case Summaries™
CA Civil Trial Attorney Since 1980
ABOTA Member Since 1995
Past President San Diego County Bar Assn., SD ABOTA Chapter
Phone: (619) 990-4312. Email: [email protected]
California Case Summaries
A fast and easy way for California civil attorneys to always know the new case law in their practice areas.
You get a one-paragraph summary readable in 2 minutes, organized by legal topic, of every new California civil case published during the year.