INSIDE THIS ISSUE

HOW THE KING (V. LYNCH CASE) WAS SLAYED: THE CALIFORNIA SUPREME COURT CLARIFIES HOW A REVOCABLE TRUST MAY BE MODIFIED
By Howard A. Kipnis, Esq. and Steven J. Barnes, Esq.
When a revocable trust contains a provision specifying how it may be modified, must that method be followed in order to amend the trust? This article examines the California Supreme Court’s recent decision in Haggerty v. Thornton unanimously holding that even where a revocable trust specifies a particular method of modification, it may also be modified by the available procedures for revocation, unless the trust expressly restricts the method of modification.
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PROPOSED RULE: FINCEN PROPOSES REQUIRING ESTATE PLANNERS TO REPORT TRANSFERS OF RESIDENTIAL REAL PROPERTY TO TRUSTS
By Michael Gorini, Esq. and Robert Gorini, Esq.
FinCEN has proposed a new rule which would require an attorney to report to FinCEN when the attorney creates a trust and prepares a deed which transfers residential real property thereto.
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WORKING WITH THE ENEMY: HOW PARTIES CAN PROTECT THEMSELVES AGAINST THE BROAD DOCTRINE OF QUASI-JUDICIAL IMMUNITY
By Jonathan H. Park, Esq. and Zachary Johnson, Esq.
This article examines the doctrine of quasi-judicial immunity in the trusts and estates context. The authors offer suggestions as to how parties can avoid the doctrine’s potential outcome of protecting improper conduct of court-appointed persons.
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PEOPLE V. SANCHEZ AND EXPERT USE OF HEARSAY IN TRUST AND ESTATE LITIGATION
By Evan D. Winet, Esq. and John D. Rueppel, Esq.
This article examines how the landmark 2016 criminal case People v. Sanchez affects testimony by expert witnesses regarding case-specific evidence in trusts and estates litigation.
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