2018 LEGISLATION: FROM TRANSFER ON DEATH DEEDS TO DECANTING, WHAT A YEAR, WHAT A YEAR!

By Patrick A. Kohlmann, Esq.* and Jennifer F. Scharre, Esq.*

INTRODUCTION

On January 1, 2019, nearly 20 bills relating to trusts, estates, and probate passed and signed by the Governor in 2018 became effective. A bill clarifying the recordation of revocable transfer on death deeds was passed and made immediately effective on July 9, 2018. Changes of note have occurred in conservatorships and guardianships, MediCal eligibility, mediation, advance health care directives, property taxes, and fiduciary litigation.

Many of these bills have been enhanced by the efforts of the Executive Committee of our Section ("TEXCOM"). TEXCOM analyzed, commented upon, supported, or suggested changes to a number of bills, including SB 909, which added a trust decanting statute to the Probate Code. TEXCOM’s assistance helped ensure that final legislation passed in a superior technical form to that of its first appearance. TEXCOM’s input as an objective third party with technical expertise repeatedly achieves this goal from year to year.