December 12, 2024 / Author: Kelly A. Vierra, Esq. 

It’s been over three years since the landmark case, Breslin v. Breslin (2021) 62 Cal.App.5th 801, was decided by California’s Second District Court of Appeal. This case has become pivotal in shaping how probate disputes, particularly those involving trust validity and distribution, are handled in California courts.

Key Takeaways from Breslin:

• The Case Summary: Breslin revolved around whether a document titled “Estates Charities” was part of the official trust instruments, impacting the distribution of the decedent’s estate among family and charities. The court emphasized the importance of mediation in resolving such disputes.
• Mediation and Notice: The decision underscored that failure to participate in mediation could result in losing rights to the trust, a principle affirmed by subsequent cases like Peters v. Activist of San Diego (Apr. 15, 2024, D081452) 204 Cal.App.Unpub.LEXIS 2290 (“Peters”).
• Proper Notice is Crucial: Courts have consistently highlighted the importance of providing adequate notice to all parties involved, as seen in the Estate of Toulonne Williams (Oct. 13, 2022, B314694) 2022 Cal.App.Unpub.LEXIS 6232 (“Williams”), where the lack of such notice invalidated a settlement agreement.

Recent Developments:

• Unpublished Opinions Offer Insight: While no new published opinions have emerged post-Breslin, unpublished cases such as Peters and Williams provide valuable insights into how courts view issues of notice and participation.
• Court Authority on Settlements: Cases like Lizer v. Romano (May 26, 2022, B306558) 2022 Cal.App.Unpub.LEXIS 3312, illustrates the limitations of court authority in modifying trust terms without unanimous beneficiary consent, contrasting with non-participation scenarios in Breslin. 

As we continue to navigate the complexities of probate law, Breslin serves as a reminder of the critical role of mediation and proper notice. When handling estate and trust disputes, ensuring all parties are informed and involved from the outset can prevent future complications.

For legal professionals and individuals dealing with probate matters, remaining vigilant about notice requirements and mediation procedures is essential. The nuances of each case can significantly impact outcomes, making a thorough understanding of Breslin and its progeny indispensable in probate practice.