California Supreme Court Sides with McCormick Barstow Partner Herb Stroh and TEXCOM in the case of Barefoot v. Jennings
On November 6, 2019, McCormick Barstow partner Herbert A. Stroh, representing the Trusts and Estates Section Executive Committee (TEXCOM) of the California Lawyers Association (CLA), appeared before the California Supreme Court to argue CLA’s first case as amicus curiae in Barefoot v. Jennings. In its amicus brief and during oral argument, TEXCOM argued that a would-be beneficiary who has made a prima facie case of standing in a petition should be afforded an evidentiary hearing if another party moves to dismiss the petition for lack of standing under Probate Code section 17202. Thus, a court cannot and should not dismiss a petition brought under section 17200 without a determination as to whether the petitioner is able to establish that the petitioner is in fact a trust beneficiary or trustee with standing to pursue the petition.
Yesterday, the California Supreme Court issued its opinion in the Barefoot case, reversing the Appellate Court’s decision and siding with the stance taken by Mr. Stroh and TEXCOM – a tremendous victory! You can read the Court’s full opinion below.
Mr. Stroh is a member of McCormick Barstow’s San Louis Obispo office. He assists clients in trust and estate litigation, administration, planning, and conservatorships. He has also served as a mediator in trust and estate disputes. For Mr. Stroh’s full resume, please click here.