Trusts and Estates

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

Inside this Issue:

Ryan J. Szczepanik, Esq. and Ciarán O’Sullivan, Esq.
When They Don’t Clap for Anti-SLAPP……………………………………6
In recent years, litigants have increasingly used special motions to strike in probate proceedings, particularly to attack petitions to enforce no contest clauses, which contravenes the legislative intent of the statutes governing enforcement of no contest clauses and often leads to years of delay in the resolution of will and trust contests. This article sets forth the case for a legislative fix to this growing trend.

Tama Brooks Klosek, Esq. and Michelle Graham, Esq.
Life Settlements—The Hidden Tool to Unlock, Preserve and Rescue Value in the Estate Plan……………………………………………16
Many estate plans use life insurance policies for estate administration liquidity, including to pay estate taxes. This article explores when and how life insurance policies can be monetized during the insured’s lifetime.

Ryka Farotte, Esq.
2021 Legislation: New Laws That Trusts and Estates Practitioners Should Know………………………………………………..22
Last year’s legislative session produced many bills affecting trusts and estates practitioners. This article summarizes the new bills, commenting occasionally on the input that TEXCOM provided during the legislative process.

Kimberly R. McGhee, Esq.
Tips of the Trade: Succession Planning: The Importance of Staying in Control…………………………………………………………….30
Every lawyer will one day quit practicing law. This Tips of the Trade provides some excellent ideas for planning ahead.

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