Property characterization is frequently among the most hotly contested issues when a marriage ends in divorce. However, it is often glossed over when a marriage is instead ended by death. This program examines the authority relating to property characterization in the postmortem setting, including legislative history which reveals that the rules are not as clear-cut as some would believe.

Following a person’s death, individuals are faced with a multitude of issues relating to handling of the remains. For some, the challenges in dealing with these responsibilities are overburdensome and the least of their concerns. For others, it is a welcome distraction.

Panelists will address the applicable law and procedures for suspension and removal of Trustees.

In the 2014 decision of Lintz v. Lintz  the court applied Family Code section 721 to estate plans.  Section 721 imposes a duty of the highest good faith and fair dealing on spouses, and a statutory presumption of undue influence arises wherever one spouse obtains an advantage over the other.  Probate Code section 21385 was amended to remove the presumption created by the Lintz case.  Other legislation passed protects elders from aggressive Care Custodians.

In fulfilling their fiduciary obligations, trustees, conservators and other fiduciaries are often thrust into situations where they are required to act as an employer. From managing caretakers, issuing paychecks, setting schedules, to hiring and firing trust employees, this is perilous territory because California employers are saddled with a host of regulations they are expected to understand and follow precisely.