Rice v. Clark

28 Cal. 4th 89 · S097456

Supreme Court of California · Filed June 10, 2002

Published · citable Cited by 10

Holding

The court held that a fiduciary who merely arranges for an attorney to prepare estate planning documents, provides asset information, and encourages the transferor to execute them does not "cause the instrument to be transcribed" within the statutory prohibition of Probate Code section 21350, subdivision (a)(4).

Statutes construed

PROB § 21350

Cited by (10)

Estate of BERNICE E. STODDART, Deceased. HELEN WILSON, Petitioner and Appellant, v. THOMAS J. HALL, as Executor, etc., et al., Objectors and Respondents; HELEN WILSON, Plaintiff and Appellant, v. THOMAS J. HALL, as Trustee, etc. Defendant and Respondent (2004) 115 Cal. App. 4th 1118
SIMONA OSORNIO, Plaintiff and Appellant, v. LAWRENCE A. WEINGARTEN, as Personal Representative, etc., Defendant and Respondent (2004) 124 Cal. App. 4th 304
SUSAN DAVID, Plaintiff and Respondent, v. WENDY ALTER HERMANN, Individually and as Trustee, etc., Defendant and Appellant (2005) 129 Cal. App. 4th 672
Estate of JOSEPH CLEMENTI, JR., Deceased. SALVATORE CHIMENTE et al., Contestants and Appellants, v. RICHARD E. WEISZ et al., Objectors and Respondents (2008) 166 Cal. App. 4th 375
Estate of EUGENE WINANS, Deceased. MARK WINANS et al., Contestants and Appellants, v. ELIZABETH TIMAR, Claimant and Respondent (2010) 183 Cal. App. 4th 102
Estate of GRANT WILLIAM HASTIE, Deceased. STEVEN A. WEINKAUF, Petitioner and Respondent, v. TIMOTHY FLOREZ, Objector and Appellant (2010) 186 Cal. App. 4th 1285
FLORENTINA HERNANDEZ et al., Plaintiffs and Respondents, v. PATRICIA CLAUDINE KIEFERLE, as Trustee, etc., Defendant and Appellant (2011) 200 Cal. App. 4th 419
Estate of OLIGARIO LIRA, Deceased. MARY RATCLIFF, Petitioner and Appellant, v. ROBERT TERRONES, Objector and Respondent (2012) 212 Cal. App. 4th 1368
SUSAN D. LINTZ et al., Plaintiffs and Respondents, v. LOIS LYNNE LINTZ, Defendant and Appellant (2014) 222 Cal. App. 4th 1346
KIM BUTLER et al., Plaintiffs and Respondents, v. JOHN F. LeBOUEF, Defendant and Appellant (2016) 248 Cal. App. 4th 198