David Greco heads up the appellate practice at the probate litigation firm RMO, LLP. David shares with co-hosts Jeff Lewis and Tim Kowal some of the unique features and challenges in probate appeals:

👉 Fact challenges in probate appeals are uniquely difficult to win. Probate trials are typically bench trials, and appellate courts very rarely overturn a judge’s factual findings.

👉 The “stay killer” in Probate Code § 1310(b) can render many probate appeals moot. David explains why section 1310(b) is his “favorite provision of the Probate Code.” And should there be a similar “stay killer” in the CCP or Family Code?

👉 Fraught family relationships and charged emotions can make representation in probate appeals difficult.

👉 The large role played by professional fiduciaries—trustees, conservators, and guardians—raises unique ethical and due-process considerations. David explains how abuse of these institutional relationships can and does sometimes happen.

David Greco’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, and Twitter feed.

Sign up for Tim Kowal’s Weekly Legal Update, or view his blog of recent cases.

Other items discussed in the episode:

• I Care a Lot. 2020.
• Conservatorship of O.B., previously discussed on episode 6, and covered here and here.
• Conservatorship of Bower (D4d3 Feb. 25, 2022 no. G059112) 2022 WL 571011 (nonpub. opn.).
• Should witnesses be permitted to wear transparent masks rather than opaque masks, to better comply with the Confrontation Clause? Prof. Shaun Martin’s post on People v. Edwards (Cal. Ct. App. - March 18, 2022).
• SCOTUS doesn’t want briefs to use passim anymore. (Via Ben Shatz.)
• Howard Bashman’s list of appellate podcasts (mentioning the California Appellate Law Podcast).