Trusts and Estates

Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 1


By Kristen Caverly, Esq.*

As we begin 2022, I want to recognize how many of us have seen change in our lives and practices since the pandemic began. Some will have lost loved ones, whether to COVID or other circumstances, at a time when grieving may have been required without the physical support of friends and family. Some will have marked weddings and births alone or with only a few friends and family around to celebrate. Some will have seen friends and colleagues retire and others pause careers to care for children out of school. Many will have changed their personal work routines to include working remotely, and anyone going to court, taking depositions, having client meetings or making presentations will have navigated a myriad of remote conference systems to keep their client matters moving—and many of us will be incorporating some or all of these changes permanently. As Trusts and Estates practitioners, we are not strangers to death and dying, and we are not strangers to dealing with changes in the law imposed by various government entities. Whatever our personal situations, I suspect we can all agree that this period has seen a lot of change, much of which will impact our lives and practices well into the future.

If the pandemic has you contemplating your own future, in this edition, our Tips of the Trade is an article for practitioners thinking about retiring or selling their practice, which also covers what to do before and when an attorney in active practice dies to ensure that client matters are handled smoothly. This one is a do not miss for anyone over the age of 40 (yes, everyone still dies) and for all solo practitioners at any age and in any area of the law.

Our annual update on new legislation impacting Trusts and Estates Practitioners also is included this edition. As you are reading this, TEXCOM work reviewing legislation is already in full swing. TEXCOM is expecting the 2022 legislative cycle to be full of legislative proposals which could dramatically change conservatorships and guardianships in California. Many of us watched the drama with the Britney Spears conservatorship unfold in 2021, and hers is one of the high-profile cases that led many to think major change is needed. TEXCOM will be monitoring these proposals throughout the year and providing our technical expertise to the Legislature when possible. If you have expertise in conservatorships and guardianships and want to volunteer with TEXCOM’s working group to review and propose comments on these legislative proposals, please reach out to me, and I will get you connected.

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