Wednesday, January 30, 2019 12 noon - 1p.m.
This program offers 1 MCLE credit and 1 legal specialization in Estate Planning; Trust & Probate Law. You must register in advance to participate.
On September 14, 2018, Governor Brown signed Senate Bill 909, the Uniform Trust Decanting Act (the “Decanting Act”). The Decanting Act is effective January 1, 2019, and located at Probate Code section 19501 et seq.
The Decanting Act is an important development in California probate law. Planners and litigators alike should become familiar with the new law because our clients will have more planning options, and a new body of litigation will develop in the coming years.
This presentation will provide a general overview of the new law. The presentation will include an explanation of the history of California decanting, how to decant under the new legislation, what trusts can be decanted, decanting under “expanded distributive discretion,” decanting under “limited distributive discretion,” decanting limitations, and the procedural and potential litigation aspects of the new law.
Speakers: Jenny Bratt and Catherine Swafford
The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel Is Available to Trusts and Estates Section Members at a Special Price
Neither the California Rules of Professional Responsibility nor the ABA Model Rules of Professional Conduct provide adequate guidance to California practicing trusts and estates lawyers. The Third Edition of the Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel is offered by the Executive Committee of the Trusts and Estates Section to provide both general and fact-specific guidance to California trusts and estates lawyers facing common and unusual ethical issues and problems, with an emphasis on application of California-specific rules. The Third Edition replaces the Second Edition, which was released in 2007, and has been updated to reflect the current state of the law, including by way of example changes in the Care Custodian area and evolving social media issues. The updated Guide is an essential addition to the library of every California trust and estate lawyer.
The retail price for the Guide is $85.00. However, the Trusts and Estates Section offers the Guide to Section members at a reduced price of $40.00.
Go to our Sections Bookstore and click on "Trusts and Estates Section".
Educating Seniors Project Seeks Volunteer Attorneys for Speakers Bureau
The Trusts and Estates Section of the State Bar of California is pleased to announce that its Educating Seniors Project (ESP) has a new website: www.educatingseniors.org. ESP is seeking qualified California attorneys with a passion for helping seniors preserve and protect their independence by giving occasional presentations to seniors on issues of pressing concern, such as:
If you are a trusts and estates attorney interested in participating in training to become a part of the ESP Speakers Bureau, and have the flexibility in your schedule to spare an occasional morning or afternoon to speak to seniors about trusts and estates issues, or if you would just like to learn more about the Educating Seniors Project, please contact us at TrustsAndEstates@cla.legal.
Radio station KALW regularly broadcasts "Your Legal Rights," a show in which callers can ask questions of attorneys with expertise in different areas of the law.
All members of the Trusts and Estates Section receive the following benefits:
The Advance Care Health Directive (Probate Code Section 4700-4701) is posted online on the State of California's Official California Legislative Information Web site. The form provided in Section 4701 can be used to create an advance health care directive. The other sections of this division govern the effect of the form or any other writing used to create an advance health care directive. An individual may complete or modify all or any part of the form in Section 4701.
The Trust and Estates Section has established an information line to assist you in reporting the activities of attorneys and non-attorneys involved in fraudulent activities against seniors in California. The State Bar of California is authorized to discipline attorneys who have participated in these activities and to pursue complaints against non-attorneys for the unauthorized practice of law. Because of our limited resources, however, we encourage you to also file complaints with other appropriate state agencies and law enforcement branches.
The number is: 1-888-460-7364. Please assist the Section in publicizing the availability of this service! For more resources, see Educating Seniors Speaker Bureau at Educating Seniors.
Continuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Section, you're eligible for:
Information about the section dues rebate program can be found on the CEB Web site.
Trusts and Estates Section
California Lawyers Association
400 Capitol Mall, Suite 650
Sacramento, CA 95814