INSIDE THIS ISSUE

WHEN, WHY AND HOW TO LEAVE RETIREMENT ACCOUNTS TO CHARITY
By Bryan Kirk, Esq.
This article examines the tax-efficient strategies for leaving retirement accounts to charity, emphasizing why traditional IRAs are typically the optimal asset for charitable bequests following recent SECURE Act changes. It discusses the practical and legal challenges estate planners may face and provides solutions for maximizing benefits to both charitable and family beneficiaries. The article also explores specific considerations for Roth IRAs, surviving spouses, and charitable remainder trusts, offering guidance for effectively integrating charitable intent into estate plans.
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SOME ADDITIONAL ISSUES [AND SOLUTIONS?] RELATING TO THE CALIFORNIA INCOME TAXATION OF ESTATES AND TRUSTS
By Paul N. Frimmer, Esq
This article explores emerging complexities and unresolved issues in the California income taxation of estates and trusts, with particular focus on recent judicial and legislative developments, including the impact of Senate Bill No. 131 and the anti-ING trust rules. The author analyzes evolving interpretations of non-contingent beneficiaries, taxation of trust distributions, decanting, and the treatment of post-death revocable trust administration, applying legal reasoning to ambiguities not clearly addressed by statute or regulation. Through practical examples and a review of legislative history, the article offers thoughtful guidance and highlights continuing areas of uncertainty in California fiduciary income tax law.
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CONFUSION IN THE WORDING AND APPLICATION OF THE LAWS GOVERNING THE ENTITIES AND INDIVIDUALS CONDUCTING THE BUSINESS OF ACTING AS A FIDUCIARY SUGGESTS A NEED FOR IMPROVEMENT
By Ralph E. Hughes, Esq
This article examines the evolving and often conflicting statutory landscape governing which individuals and entities may lawfully serve as fiduciaries in California. The author highlights ambiguities and risks resulting from inconsistent laws, and provides examples from cases that illustrate the widespread confusion. The article calls for legislative reform to create clear, consistent, and even-handed rules that balance regulatory oversight with practical needs for beneficiary protection and business continuity in fiduciary practice.
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FROM THE CHAIR
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