Tuesday, May 28, 2024

Key v. Tyler (Cal. Ct. App. - May 28, 2024)

The sheer volume and duration of this probate litigation between sisters confirms that, sometimes, one of the worst decisions you can make is to leave a ton of money to your children upon your death.

This latest saga involves a no-contest clause, and the issue is whether one of the sisters stands to lose every penny to which she was entitled under her parents' trust because she filed an earlier contest against her sister. The Court of Appeal answers: Yes.

The litigation saga is not yet over. Not by a longshot. The trial court still has to answer whether the earlier contest was filed without probable cause. Then the loser will appeal, etc. (There are a ton of ancillary suits involving lawyers, litigation funders, etc. Ugh.)

At least the parents aren't around to see the resulting debacle.