Trusts and Estates

Ca. Trs. & Estates Quarterly 2022, Volume 28, Issue 3


Written by Kristen E. Caverly, Esq.*

This is my final letter as Editor-in-Chief of the Quarterly and though I will undoubtedly volunteer to edit future articles and hopefully will author an article in the future, this ends five years of service to the Quarterly in various capacities. It has been a privilege to serve on such a wonderful publication that every year is noted amongst our Section members as the leading reason they join the Section. I hope you will again find this Quarterly valuable for its wide-ranging content and its inexpensive CLE self-study options. I offer a special "thank you" to the authors who have worked with me this year to bring you this wonderful content. Writing an article takes many hours of research and writing by the authors and provides an easy way for the rest of us to keep abreast of new cases and statutes and to learn new areas relevant to our practices. It is a service to the profession if there ever was one. Again, thank you, past, current and future authors. If you would like to be considered for writing an article, please drop me an email at, and I will connect you with the serving Editor-in-Chief.

As always, this edition is packed with informative articles. We lead off with an article on setting aside probate orders, that are ostensibly final, based on extrinsic fraud related to notice. This is a very technical article and—well worth reading for anyone going to probate court where notice is king and queen and duke and you get the idea. The next article is our Tips of The Trade on planning with IRAs under the Secure Act II. Again, highly technical information that is important for all planners and administrators.

Incredibly timely is our article on conservatorships which provides an excellent primer on LPS, limited and general conservatorships. More importantly, it summarizes legislation that went into effect January 2022 as well as legislation on the horizon which could have a dramatic impact on the ability of courts to timely process conservatorship petitions. It further reviews a recent case regarding LPS conservatorships and the right of proposed conservatees to not be compelled to testify. If you represent professional fiduciaries managing conservatorships, this article cannot be missed.

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