Trusts and Estates
Ca. Trs. & Estates Quarterly 2021, Volume 27, Issue 4
Content
- Chairs of Section Subcommittees
- Editorial Board
- Foreseeable Monetization of Michael Jackson's Assets After Death: How To Value Copyrights of Musical Compositions and Rights of Publicity
- From the Chair
- From the Editor-in-chief
- Joint Representation and Advance Waivers
- King Lear and a Thousand Acres—Two Estate Planning Tragedies With Timeless Lessons For Modern Estate Planning Attorneys
- Litigation Alert
- Tax Alert
- Tips of the Trade: Real Property, Real Problems: a Practitioner's Guide To Dealing With Real Estate In a Probate
- To Protect and Serve - a Case To Abolish Attorney Work Product Protection As To Estate Planners' Files In Post-death Will or Trust Contests
- Inside this Issue:
Inside this Issue:
Jaime B. Herren, Esq. and Matthew B. Talbot, Esq.
Foreseeable Monetization of Michael Jackson’s Assets After Death: How to Value Copyrights of Musical Compositions and Rights of Publicity……………………………………………………………..5
"It doesn’t matter who’s wrong or right," unless it is the IRS saying you owe them $400,000,000 in unpaid estate taxes. This article explores the epic tax battle between the Estate of Michael Jackson and the IRS over the valuation of Jackson’s likeness and intellectual property rights.
Ciarán O’Sullivan, Esq. and Andrew Verriere, Esq.
To Protect and Serve – A Case to Abolish Attorney Work Product Protection as to Estate Planners’ Files in Post-Death Will or Trust Contests………………………………………………………………………….16
The Evidence Code provides that the attorney-client privilege does not apply when litigants claim through a deceased client. However, no corollary exception exists related to the attorney work product doctrine. This article argues that California should create such an exception to further the policy underlying the attorney-client privilege exception and bring California in line with other states’ approaches to exceptions to the attorney work product doctrine.
Dianne Jackson McLean, Esq.
Joint Representation and Advance Waivers…………………………25
Estate planning and administration representations often involve representing more than one client, perhaps with those independent clients each wearing multiple hats. This article discusses issues all lawyers should consider before representing multiple clients.
Paul Horn, Esq., CPA
Tips of the Trade: Real Property, Real Problems: A Practitioner’s Guide to Dealing with Real Estate in a Probate…………………….28
This TOTT article discusses frequent issues encountered in handling probate estates with real estate assets such as foreclosure, purchase of property by the representative and whether or not to spend money on repairs and renovations.