Trusts and Estates

Ca. Trs. & Estates Quarterly 2021, Volume 27, Issue 3

Inside this Issue:

William Broderick-Villa, Esq.
Tips of the Trade: Brace Yourself: Why In re Brace May Prove 2020’s Most Significant Non-Probate, Non-Trust Case for California Probate and Estate Planning Practitioners………………6
Although a bankruptcy case, the California Supreme Court’s decision in In re Brace may have implications to trusts and estates attorneys. This article examines the decision and its potential impact and suggests caution for trusts and estates practitioners.

Scott A. Fraser, Esq. and Matthew R. Owens, Esq.
Let’s Get Digital! ESI in Trust and Estate Litigation, Part II………..12
In Part II of this two-part article, the authors address best practices when responding to e-discovery requests, asserting appropriate objections, discovery of information that is not reasonably accessible, and compelling production of information in trust and estate litigation matters.

Kristen E. Caverly, Esq., Lisa B. Roper, Esq. and Stephen D. Blea, Esq.
Whose Money Is It Anyway? Making Cents of the California Uniform Principal and Income Act………………………………………25
It can be difficult for trustees to balance the interests of income and principal beneficiaries. This article looks at the California Uniform Principal and Income Act and suggests that unitrusts are an underutilized tool to streamline trust administrations and avoid disputes while honoring the trustor’s intent.

Jennifer F. Scharre, Esq.
Post Mortem of Proposition 19: The COVID-19 of the Estate Planning World……………………………………………………………….40
When California voters passed Proposition 19 on November 3, 2020, clients and practitioners alike were shocked at the ramifications. This article explores the technical changes that Proposition 19 made to California property tax law, analyzes the impacts of those changes, and explores what practitioners may consider going forward.

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