Trusts and Estates

Ca. Trs. & Estates Quarterly 2018, Volume 24, Issue 2

2017 LEGISLATION: FROM PLANNING TO PARTNERSHIPS, PRINCIPAL AND INCOME TO PROOFS OF SERVICE: A PLETHORA OF PROMULGATED PRINCIPLES PRACTITIONERS MUST PRACTICE PROFICIENTLY

By Bart J. Schenone, Esq.* and Jennifer F. Scharre, Esq.*

More than 20 legislative bills relating to our profession passed into law effective January 1, 2018. This legislation was broad-ranging, touching areas such as discovery rules, the Uniform Principal and Income Act, modification of trusts, testamentary additions to trusts, fraud and donative transfers, digital assets, conservatorships, domestic partnerships and marriages, control of remains, mortgage foreclosures, Notary Public requirements and State Board of Equalization matters.

Twenty percent of the bills passed were the product of efforts of the Trusts & Estates Executive Committee of your section ("TEXCOM"); other bills were analyzed, commented upon, or changed through TEXCOM’s efforts. The bills attributable to TEXCOM’s efforts include AB 307 (amendment of Probate Code section 16350 – distributions from entities), AB 308 (discovery rules), AB 309 (60 days to sign trust after will signed), and AB 333 (modification and termination of trusts). AB 307, which amended Probate Code section 16350,1was finalized this year after consuming over 10 years of one of the author’s tenure on TEXCOM and was completed only after his term expired.

The following summarizes this new legislation affecting the areas of Planning, Administration, Litigation, Elder Abuse, Health Care and Conservatorships, and Medi-Cal:

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