TRUSTS & ESTATES QUARTERLY

by

TRUSTS & ESTATES QUARTERLY

INSIDE THIS ISSUE

THE RISE OF THE REVOCABLE TRUST IN CALIFORNIA
By Anne M. Rudolph, Esq. and Ralph E. Hughes, Esq.
Tracing the history of the use of the revocable trust in California, this article examines attempts to eliminate or reform California’s formal probate system, along with the subsequent skyrocketing use of revocable trusts.
[PAGE 09]

WHERE AGREEMENTS WON’T WORK – A WORD TO THE WISE REGARDING STRICT WAGE AND HOUR LIABILITY AND RELATED CLAIMS
By Daniel C. Kim and Ryan Abernethy
This article provide an overview of some of the most common wage and hour issues encountered by trust and estate attorneys and fiduciaries.
[PAGE 26]

THE BROAD ARRAY OF CHARITABLE GIVING VEHICLES DEMYSTIFIED
By Margot Edwards and Aaron Hegji
This article reviews various vehicles that donors use to engage in philanthropy and highlights the practical implications of each option.
[PAGE 37]

BETTER LATE THAN NEVER, BUT NEVER LATE IS BETTER: ANALYZING THE TIMING OF CERTIFICATES OF REVIEW FOR GIFTS TO CARE CUSTODIANS
By Jarom B. Phipps, Esq.
Does it matter when an attorney completes the certificate of independent review for a gift to a care custodian in relation to when the dependent adult executes the transfer document? This article provides a statutory analysis of Probate Code section 21384 to better understand the timing of such certificates, and explores the consequences that may result if the attorney gets the answer wrong.
[PAGE 50]

WHAT ATTORNEYS NEED TO KNOW ABOUT A CLIENT’S COGNITIVE CAPACITY
By Bonnie J. Olsen, Ph.D and Lori Mars, JD, LLM
As the elderly population grows, attorneys increasingly work with clients with diminished capacity. This article provides the legal standards and best practices in such instances.
[PAGE 59]

THERE’S NOTHING DEFECTIVE ABOUT A GRANTOR TRUST
By Bruce Givner, Esq. and Owen Kaye, Esq.
Irrevocable trusts that are disregarded for tax purposes are often called intentionally defective grantor trusts. Why use the word ‘defective’?"
[PAGE 65]

FROM THE CHAIR
[PAGE 04]

FROM THE EDITOR-IN-CHIEF
[PAGE 07]

LITIGATION ALERT
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