Trusts and Estates

Ca. Trs. & Estates Quarterly 2020, Volume 26, Issue 3

Inside this Issue:

Stacie P. Nelson, Esq., Robert Barton, Esq., and Vivian M. Rivera, Esq.
Dude, I Inherited a Pot Farm, Man!……………………………………….6
With the legalization of cannabis under California law, more fiduciaries are having to address questions relating to management and administration of estates or trusts that hold assets dealing with the cultivation or sale of cannabis. The authors provide helpful information on advising and guiding clients who are finding themselves in the "weeds" when dealing with such assets.

Paul H. Miller
Application of "Spousal Consent Rules" to Community Property Individual Retirement Accounts…………………………………………..14
This article explains the impact of the spousal consent rules in designating beneficiaries of community property IRAs. The author discusses the considerations that trust and estate attorneys should discuss with their clients and the consequences of overlooking the impact of the spousal consent rules, including the potential probate of IRA benefits, litigation, or the non-vested spouse’s community property interest in the IRA being distributed to beneficiaries other than those intended.

Matthew R. Owens, Esq.
Contested Nonprobate Transfers: When the Estate Plan Trumps 31
The author addresses best practices for handling issues that arise when title documents for financial accounts conflict with the terms of the estate plan. This article covers the default rules governing nonprobate transfers and the clear-and-convincing evidence exception to those rules spawning litigation across California’s probate courts.

Neil J Wertlieb, Esq.
The New Ethics Committee of the California Lawyers Association: An Active First Year!…………………………………………………………….39
The Ethics Committee is off to a great start and looks forward to a bright and active future. This article introduces the reader to the range of activities the Ethics Committee has undertaken in its first year, and the opportunities for contributing to its efforts to further the best of ethical law practice in California.

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