Wednesday, April 11, 2012

King v. Lynch - California Fifth District Court of Appeals

This case involves the amendments of a joint trust by the husband after his wife suffered "a severe brain injury that left her incompetent to handle her own affairs." The successor trustee, who was also a beneficiary, asserted that the amendments were valid. The beneficiaries asserted that the amendments were invalid. The trial court ruled in favor of the beneficiaries.

From Appeals Court Website

"This is an appeal from an order granting a petition to determine the construction of a trust and the validity of certain trust amendments. We conclude that the trial court correctly construed the trust and found that the amendments to the trust were invalid. Accordingly, the order will be affirmed."

The rest of the published opinion is here.

The Fifth District is located in Fresno. Its jurisdiction is over the following counties: Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare and Tuolumne.

This case is my first published opinion from the appellate court. Arguing before the California Fifth District Court of Appeals was a blast. I have to say that in my seven-year legal career that arguing before the appeals court (and being successful) has been a highlight.

I am definitely looking forward to my next appellate case.

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