Trusts and Estates

Ca. Trs. & Estates Quarterly 2014, Volume 20, Issue 4

Inside this Issue:

John A. Hartog, Esq.
Sunrise, Sunset: What to Do About a Trustee with Diminishing Capacity…………………………………………………………………………..5
A lawyer whose client-trustee is suffering diminishing capacity will find himself or herself in an awkward ethical quandary, his or her ability to convey concerns about the client greatly limited by the California rules of professional responsibility. Drafting trust provisions in anticipation of the possibility of a fading trustee can provide solutions. The author provides sample trust provisions.

Jennifer L. Wilkerson, Esq., and Linda S. Durston, Ph.D., Esq.
California Conservatorship Jurisdiction Act: New Rules For Resolving Interstate Jurisdiction…………………………………………20
California adopts, with significant modifications, the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act that provides rules for determining priority of jurisdiction between states for establishing conservatorships, transferring existing conser-vatorship proceedings between states, and recognizing out-of-state conservatorship orders.

Patrick A. Kohlmann, Esq.
The State of Title Insurance Five Years After Kwok.………………..34
The Kwok decision remains problematic for transfers of real property to trusts, even after the CLTA "voluntarily" revised the standard policy for property purchased after May 18, 2014. The policy revisions do not affect property purchased before that date. Practitioners should consider how to document a trust’s ownership of real property while avoiding a loss of title insurance coverage.

From the Chair………………………………….3

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