Trusts and Estates

Ca. Trs. & Estates Quarterly 2021, Volume 27, Issue 1

Inside this Issue:

Michael A. Gorini, Esq.
Tips of the Trade: The IRS Will Get Its Money, Just Not From Your Client-Fiduciary………………………………………………………….6
It is common practice for an attorney to advise a fiduciary client to retain a significant reserve from the estate or trust for income tax liabilities – specifically to protect the fiduciary from personal exposure to such liabilities after the assets are distributed. This article examines the fiduciary’s personal liability for a decedent’s taxes and concludes that those reserves may not be warranted.

Chelsea J. Suttmann, Esq. and Melissa R. Karlsten, Esq.
Advanced Planning – A Decade in Review: What Have We Learned Over the Last Decade and Where Are We Headed?……11
Estate planners and their clients face uncertainty regarding the future of estate and transfer taxation. This article looks at how the laws have changed, what we may expect in the future, and suggests considerations to address estate planning uncertainty with clients.

Joshua S. Yager, Esq. and Peter S. Myers, Esq.
How Much Is Too Much? Trustee Compensation and an Analysis of California Rules of Court, Rule 7.776………………………………..21
Trusts commonly allow trustees to pay themselves a "reasonable" amount of compensation "under the circumstances." This article reviews California Rules of Court, rule 7.776 as well as local rules to provide guidance to trustees and their attorneys who are struggling to determine what "reasonable" compensation "under the circumstances" might be.

Denise E. Chambliss, Esq. and Ariel G. Siner, Esq.
When Is Enough, Enough? Judicial Trustee Removal and Trolan v. Trolan (2019) 31 Cal.App.5th 939……………………………………….36
This article explores the questions of when a court should or should not remove a trustee in light of Trolan v. Trolan, which involved the court-ordered sua sponte removal of six co-trustees. As a published opinion on trustee removal, this case offers helpful guidance and support to estate planning and litigation attorneys.

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