Estate of IRMA E. YOUNG, Deceased. STEPHEN C. PARKER, as Administrator, etc., Petitioner and Appellant, v. CHARLES D. PARKER et al., Objectors and Appellants
160 Cal. App. 4th 62 · D048937
California Court of Appeal, Fourth Appellate District · Filed
Holding
The court held that substantial evidence supported the trial court’s finding of undue influence and fraud in the transfer of the decedent’s property into a series of complex trusts, affirming the order for its return to the estate. However, the court reversed and remanded for further proceedings on the issue of double damages under Probate Code section 859, concluding the estate was improperly denied the opportunity to present evidence on the property’s value.
Statutes construed
- BPC § 16750
- BPC § 17082
- CCP § 1048
- CCP § 318
- CCP § 338
- CCP § 366.1
- CCP § 598
- CCP § 631.8
- CIV § 3294
- CIV § 3295
- CIV § 3412
- EVID § 320
- EVID § 813
- PROB § 850
Cited by (14)
- Estate of JANICE HELENE KRAUS, Deceased. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners and Respondents, v. DAVID KRAUS, Objector and Appellant (2010) 184 Cal. App. 4th 103
- Estate of JANICE HELENE KRAUS, Deceased. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Petitioners and Respondents, v. DAVID KRAUS, Objector and Appellant (2010) 184 Cal. App. 4th 103
- CAROL C. MANSON, as Trustee, etc., Plaintiff and Appellant, v. CINDY DENISE SHEPHERD et al., Defendants and Appellants (2010) 188 Cal. App. 4th 1244
- CAROL C. MANSON, as Trustee, etc., Plaintiff and Appellant, v. CINDY DENISE SHEPHERD et al., Defendants and Appellants (2010) 188 Cal. App. 4th 1244
- Estate of SATISH TRIKHA, Deceased. SATISH TRIKHA, JR., Petitioner and Appellant, v. SUCHITRA TRIKHA, Contestant and Respondent (2013) 219 Cal. App. 4th 791
- Estate of SATISH TRIKHA, Deceased. SATISH TRIKHA, JR., Petitioner and Appellant, v. SUCHITRA TRIKHA, Contestant and Respondent (2013) 219 Cal. App. 4th 791
- Sarah L. KERLEY, as Conservator and Co-administrator, etc., Plaintiff and Respondent, v. Marcie Ann WEBER, Defendant and Appellant. (2018) 238 Cal. Rptr. 3d 781
- Sarah L. KERLEY, as Conservator and Co-administrator, etc., Plaintiff and Respondent, v. Marcie Ann WEBER, Defendant and Appellant. (2018) 238 Cal. Rptr. 3d 781
- IN RE the MARRIAGE OF Dorothy and Joseph CIPRARI. Dorothy Ciprari, Appellant, v. Joseph Ciprari, Respondent. (2019) 242 Cal. Rptr. 3d 900
- IN RE the MARRIAGE OF Dorothy and Joseph CIPRARI. Dorothy Ciprari, Appellant, v. Joseph Ciprari, Respondent. (2019) 242 Cal. Rptr. 3d 900
- Hill v. Super. Ct. (2016) 244 Cal. App. 4th 1281
- Hill v. Super. Ct. (2016) 244 Cal. App. 4th 1281
- David DUDEK, as Trustee, etc., Appellant, v. Anne Kebisek DUDEK, Individually and as Trustee, etc., et al., Respondents. (2019) 246 Cal. Rptr. 3d 27
- David DUDEK, as Trustee, etc., Appellant, v. Anne Kebisek DUDEK, Individually and as Trustee, etc., et al., Respondents. (2019) 246 Cal. Rptr. 3d 27
Authorities cited (6)
- Estate of GEORGE RAYMOND GILKISON, Deceased. JAMES L. GILKISON, as Executor, Etc., Petitioner and Respondent, v. C. RUSSELL KING, Claimant and Appellant 77 Cal.Rptr.2d 463
- Estate of GEORGE RAYMOND GILKISON, Deceased. JAMES L. GILKISON, as Executor, Etc., Petitioner and Respondent, v. C. RUSSELL KING, Claimant and Appellant 65 Cal.App.4th 1443
- Estate of AUSTIN D. STEPHENS, Deceased. KATHERINE STEPHENS VOHS, Petitioner and Appellant, v. SCOTT WILLIAMS, as Cotrustee, etc., et al., Claimants and Respondents 28 Cal.4th 665
- POLLY PARSONS, Plaintiff and Appellant, v. EDWARD TICKNER et al., Defendants and Respondents 31 Cal.App.4th 1513
- MICHAEL E. PARKER et al., Plaintiffs and Appellants, v. FRED WALKER, Defendant and Respondent 5 Cal.App.4th 1173
- FRANCES HARUSTAK et al., Plaintiffs and Appellants, v. JUDY WILKINS, as Trustee, etc., Defendant and Respondent 84 Cal.App.4th 208