Trusts and Estates

Ca. Trs. & Estates Quarterly 2015, Volume 21, Issue 2

Inside this Issue:

Joan M. Cotkin, Esq., Michael Heumann, Esq., Elizabeth T. Pierson, Esq., and Douglas W. Schwartz, Esq.
A Primer for California Art Collectors……………………………………5
This article offers a comprehensive treatment of legal issues of interest to California art collectors and practitioners who advise them. From the initial stage of acquiring art by a collector client, through the disposition of the art by the collector client—whether by sale, gift, bequest or otherwise—the authors discuss issues that practitioners should consider, and offer practical solutions for trusts and estates practitioners to employ when planning for the disposition of art.

David G. Knitter, Esq., and Mary K. deLeo, Esq.
Establishing a Conservatorship Based Upon Undue Influence: A Practitioner’s Guide…………………………………………………….29
Conservatorship cases based on undue influence often involve only circumstantial evidence. The practitioner must understand the indicia of undue influence and the relevant evidentiary rules. These fact-intensive cases require that the evidence of undue influence be presented to the court in a cohesive way that persuades the court that protection of the proposed conservatee is necessary. The authors explore ways for practitioners to present persuasive conservatorship petitions based on allegations of undue influence.

Michael Rosen-Prinz, Esq.
The Uncertain Future of Estate Planning for Digital Assets in California………………………………………………………………………..37
Trusts and estates practitioners are increasingly confronting issues raised by their clients’ digital assets. Planning for these assets can be difficult, made worse by the impediments to planning for digital assets, some of which are driven by the uncertainty and lack of adequate legislation governing the administration of digital assets. This article provides a summary of the challenges relevant to planning and administration of digital assets, examines competing efforts in the current legislative session to address certain issues, and offers some suggestions for planners.

© 2015 State Bar of California, Trusts and Estates Section

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