Trusts and Estates
Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 2
Content
- Chairs of Section Subcommittees
- Editorial Board
- Inside this Issue:
- Letter From the Editor
- Litigation Alert
- McLe Self-study Article Beyond Barefoot - Standing In Trust, Estate, Elder Abuse and Related Litigation
- McLe Self-study Article Courts Do Not Agree On the History and Meaning of California Probate Code Section 15402
- Tax Alert
- Tips of the Trade: Don't Put Off To Tomorrow What You Can Do Today - Avoiding Post-death Contests Through Inter Vivos Petitions
- Use of Independent Professional Trustees In Estate Plans
- "IF I GET MARRIED, I WANT TO BE VERY MARRIED." THE GODFATHER OF SOUL, RICHARD PRYOR, AND OTHER POST-DEATH CHALLENGES TELL US: HOW MARRIED YOU ARE DEPENDS ON THE STATE
- Letter From the Chair
LETTER FROM THE CHAIR
Written by Matthew W. McMurtrey, Esq.*
One of the primary functions of the Executive Committee of the Trusts and Estates Section ("TEXCOM") of the California Lawyers Association ("CLA") is to interact with the Legislature to improve the administration of justice in the practice of trusts and estates. TEXCOM often proposes legislation known as an Affirmative Legislation Proposal (referred to as an "ALP") by asking a member of the Legislature to introduce its ALPs as bills. TEXCOM also reviews all the legislation proposed every year, determines whether the legislation is relevant to the practice of trusts and estates, and provides feedback to the Legislature about the relevant legislation that affects the practice of trusts and estates. It is tradition that the Chair reports on TEXCOM’s legislation work in this issue.
TEXCOM pursued four ALPs for introduction this year, and all four of them were picked up by a legislator. The four introduced ALPs relate to the following issues:
- Assembly Bill No. 1745 (2021-2022 Reg. Sess.) (Nguyen) is a bill to clarify that the 120-day limitations period in Probate Code section 16061.8 only applies when notification is required because the trust became irrevocable due to the settlor’s death.
- Senate Bill No. 1279 (2021-2022 Reg. Sess.) (Ochoa Bogh) is a bill to amend Probate Code section 1003 and Code of Civil Procedure section 372 pertaining to guardians ad litem to resolve ambiguities in the statutes regarding incapacitated persons and to eliminate competing methods of appointments under the Probate and Civil Codes.
- Assembly Bill No. 1866 (2021-2022 Reg. Sess.) (Chen) is a bill to amend Probate Code section 15304 to modify spendthrift provisions to allow a trustee of an irrevocable grantor trust to reimburse a settlor for income tax payable by the settlor on trust income without resulting in the trust’s assets being included in the settlor’s estate.
- Senate Bill No. 1005 (2021-2022 Reg. Sess.) (Wieckowski) is a bill to amend Probate Code sections 2352.5, 2463, 2540, 2541, 2541.5, 2591, and 2591.5 to provide the same protections to a conservatee, as when the conservator is selling the conservatee’s personal residence, to a partition action where the conservatee’s personal residence is the subject property.