Trusts and Estates

Ca. Trs. & Estates Quarterly VOLUME 30, ISSUE 1, 2024

LETTER FROM THE EDITOR

Written by Erin A. Norcia, Esq.*

In this issue, the authors present us with a solid lineup of thought-provoking articles on timely topics. To start off, Howard Kipnis and Steven Barnes analyze the long-awaited unanimous Supreme Court decision in Haggerty v. Thornton. The court has now resolved the conflict that continued to rage over proper interpretation of the language set forth in Probate Code section 15402 regarding the available methods for modification of a trust.

Michael Gorini and Robert Gorini then guide us through the proposed rule from FinCEN that would require estate planners to report transfers of residential real property to trusts. The article is an important alert to trust and estate practitioners since the proposed rule, as currently drafted, would affect almost all estate planning attorneys.

Next, the broad doctrine of quasi-judicial immunity is explained by Jonathan Park and Zachary Johnson. The authors describe the unique legal challenges the deadline poses and how parties can best protect themselves.

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