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Webinar: Subtrust Allocation for Litigation Attorneys
May 4 @ 12:00 pm – 1:00 pm
1 Legal Specialization in Estate Planning; Trust & Probate Law, 1 Participatory MCLE Credits and 1 Legal Ethics
During this presentation, Judge Glen Reiser (Ret.) will discuss various critical aspects of subtrust funding as part of the trust administration process. Often, upon a first death of a spouse and, at times, upon the death of the second spouse to die or a single person, the subject trust includes requirements and guidance for administering the trust regarding the allocation of assets to various subtrusts for the benefit of one or more beneficiaries. As we are seeing it more and more in the courts and mediation, subtrust allocation decisions by a trustee can turn into having to defend a claim against such trustee for failure to, among other things, collect assets and obtain date of death values, property manage assets, and fairly allocate assets among subtrusts in accordance with the terms of the trust. The presentation will cover important concepts such as a trustee’s administrative duties, marital deductions, pro-rata allocation of assets, community property and separate property characterizations, gift and estate taxes, and portability, all in light of trust litigation. Judge Glen Reiser (Ret.) will teach these concepts by reviewing trust provisions and discussing hypotheticals and relevant recent case law. Litigators, trust administration lawyers, and estate planning lawyers will all benefit from attending this presentation to better allocate assets to subtrusts, lower the likelihood of litigation, and successfully complete the trust administration process.
Member Price – $55.00
Non-Member Price – $75.00
Speaker: Glen Reiser
Judge Glen Reiser (Ret.) currently works with JAMS as a mediator, principally resolving family trust litigation cases. Before becoming a judge, Judge Reiser worked more than two decades as a litigation attorney, including complex trust matters. (See, e.g. Burch v. George (1994) 7 Cal.4th 246.) As a trial judge for an additional two decades, Judge Reiser exclusively handled trust, probate and conservatorship matters for the majority of that tenure. Significant cases affirmed from Judge Reiser’s court include Department of Child Support Services v. Brown (2004) 117 Cal.App.4th 144., Kasperbauer v. Fairfield (2009) 170 Cal.App.4th 785, Christie v. Kimball (2012) 202 Cal.App.4th 1407, Conservatorship of Moore (2015) 240 Cal.App.4th 1101, and Aviles v. Swearingen (2017) 16 Cal.App.5th 485. As a mediator with JAMS, Judge Reiser managed the litigated resolution affirmed in Breslin v. Breslin (2021). 62 Cal.App.5th 801. Judge Reiser continues to serve as a judicial trainer for all judges in California assigned to the probate bench, with an emphasis in trusts and conservatorships.