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| KEYSTONE QUARTERLY |
| DECEMBER 2019 |
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Keystone is excited to publish the last edition of 2019’s quarterly newsletter. Keystone has been quite busy this quarter, as the firm was featured in Fortune and Time Magazines, has been active in the community – both through speaking events and charitable activities – and has recently added two new attorneys and three new staff members to its growing team!
In this edition, Keystone has included an in-depth analysis on several issues of significant importance to the probate community and beyond: (1) a summary of the Los Angeles supervising probate judge’s reasoning as to why the holding in the controversial case, Barefoot v. Jennings, is "not persuasive" and should not apply to limit standing of a potential contestant in a trust contest; (2) a discussion of the disturbing new trend of using marriage itself as a means to perpetrate elder abuse; and (3) a recent Court of Appeal decision which enforced a Trust’s no contest clause in connection with the bad faith defense of a trust contest.
We want to wish everyone a safe and happy holiday season and best wishes for 2020!
Keystone has dedicated its practice to Probate, Trust and Estate litigation and administration, and is one of the largest law firms in California devoted exclusively to this practice area. |
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| Keystone recently represented a client in opposing a motion which relied exclusively upon the Court of Appeal’s controversial decision in Barefoot to argue lack of standing in a Probate Code section 17200 action. This article summarizes Judge David A. Cowan’s (Supervising Judge, Probate Division, Los Angeles Superior Court) analysis in denying that motion, and includes a link to the transcript of this hearing. |
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On January 1, 2020, new legislation becomes effective which is intended to curb the new trend of committing financial elder abuse through the act of marriage. Under current law, a marriage generally cannot be challenged by the heirs or beneficiaries after a spouse's death. While the new legislation is a step in the right direction, more will need to be done in order to fully address the deficiencies in the current law. |
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| Typically, no contest clauses in estate planning documents have been enforced against a person who initiates a bad faith contest of those documents. This new case, however, presents an example of one court’s enforcement of a no contest clause in connection with the bad faith defense of a trust/will contest. |
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| ANNOUNCEMENTS |
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| Kickin' Cancer 5K |
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| On October 6, 2019, Keystone participated in the Kickin’ Cancer 5K, which raises money to support the Lynne Cohen Foundation. |
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