LETTER FROM THE CHAIR

Written by Michael Rosen-Prinz^*

Things slow down for TEXCOM over the summer. Accordingly, this issue’s column collects a few updates and thoughts that are top of mind this late July evening.

First, I am proud and pleased to share with our readers that TEXCOM’s Education Subcommittee has prepared and released a comprehensive five-part, 17.5-hour webinar series The Exam and You -Estate Planning Through Administration and Litigation, designed to help lawyers preparing for the Certified Legal Specialist Examination in Estate Planning, Trust and Probate law. Organized by Kristin Yokomoto, the webinar series features TEXCOM members speaking on all of the major topics covered by the Exam. Based on early results the webinar series is a huge hit and will almost certainly continue to be updated for future years of the Exam. Good luck to all the test-takers!

Next, a quick preview of one of California’s newest trust laws: On July 14, 2025, Governor Gavin Newsom signed into law Assembly Bill 565, which introduced virtual representation to California by completely revising the previously very confusing Probate Code section 15804. The new law, effective January 1, 2026, will allow a beneficiary who is a minor, incapacitated, unborn, or unknown person to be represented by another similarly situated beneficiary, or by someone who holds a fiduciary duty to that beneficiary. The practical effect is that decantings, trust modifications, or other trust procedures requiring notice to, or consent of, all trust beneficiaries or all descendants of a settlor, which previously required a court order or consent of a guardian ad litem to address the rights of minor or unborn individuals, may be accomplished out of court, as long as an unconflicted qualifying individual can provide representation.