The overlap between real property law and trust law reaches back centuries, as early trust law was concerned with the conveyancing of real property. Similarly, Prof. Maitland in his famous (and tremendously readable) “The Forms of Action at Common Law” (1909) teaches that eviction law, known as “unlawful detainer,” also reaches back hundreds of years. …
Continue reading “Judgment in Unlawful Detainer Validates Foreclosure Sale”
A recent decision involving a deed to an estate planning trust achieved the correct result, but with unnecessary effort. The facts in Luna v. Brownell (June 15, 2010) 2010 DJDAR 8811 were simple. “On August 13, 2006, Al executed a quitclaim deed transferring his interest in the Property as an individual to himself as trustee …
Continue reading “Deed to Estate Planning Trust – Struggling for the Right Result”
A recent case affirms that California does not recognize a claim based on “intentional interference with an inheritance expectancy.” However, the court’s analysis leaves the door open to future litigation arising from different fact patterns. The lawsuit in Munn v. Briggs, 2010 DJDAR 8680 (4th Dist. June 11, 2010) was based on the following claim. …