California Lawyers Association

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Listen to this episode In writing or performing, it is important to know your audience.  In probate litigation, your audience is often the judicial officer presiding over the case.  In this podcast, we sit down with Judge David J. Cowan to get his view on some key topics in handling contested probate proceedings. First, we explore the subject of pleadings and crafting a petition to tell a story.  We next discuss bench trials and how Judge Cowan approaches them, including… Read more
Listen to this episode The trustee is in the driver’s seat in how a trust is administered, deciding when and how assets will be allocated.  Parents who create trusts to benefit their children often pick one or more of them to serve as trustee.  The beneficiaries become unhappy with what the trustee is doing or failing to do.   A lawyer hired by the beneficiaries may file a petition in the Superior Court asking the judge to remove the trustee.… Read more
Listen to this episode Inheritance forgery can take many forms, including phony estate planning documents that redirect assets to a scammer and fake deeds that spring the family home from the decedent’s estate.  Forgery used to be a crime that could result in the death penalty.  But in the mid-twentieth century, concern about forgery waned.  Based in part on the perception that counterfeit estate plans are rare, several states relaxed the formalities traditionally associated with wills in an effort to… Read more
Listen to this episode Our returning guests for this episode are Bryan Kirk of Fiduciary Trust International and Daniel Lorenzen of Fox Rothschild, LLP.  We discuss issues that arise when trust companies administer trusts from a drafting attorney’s point of view and a trust company’s point of view.  This is the second of a two-part series.  In this episode, we review specific distribution provisions and issues that may arise through the lens of a corporate trustee. About Our Guests Daniel… Read more
Listen to this episode Our guests for this episode are Bryan Kirk of Fiduciary Trust International and Daniel Lorenzen of Fox Rothschild, LLP.  We discuss issues that arise when trust companies administer trusts from a drafting attorney’s point of view and a trust company’s point of view.  This is a two-part series.  In the first episode, we discuss the need for a corporate trustee, certain discretionary language and how a corporate trustee may feel about holding certain types of assets. … Read more
Listen to this episode Our guests for this episode are Scott Frasier and Matt Owens, authors of an article to be published in the Trusts and Estates Quarterly called “Let’s Get Digital! ESI in Trust and Estate Litigation.” We discuss the ethical duties of attorneys in regard to E-discovery, preservation letters to clients and opposing counsel aimed at avoiding spoliation of evidence issues, and common sources of electronically stored information, or (ESI). We learn what “native format” and “meta data”… Read more
Listen to the episode here Guests for this episode of “Trust Me!” are Tom Shaver and Neil Wertlieb. Tom served as Editor to the Fourth Edition of the Guide to The California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel. Tom discusses the process of reviewing and updating the fourth edition of the Guide. He also explains the effort to make this edition even more of a practice guide with  expanded sample discussions and new chapters on… Read more
Listen to the episode here We continue our discussion of updates with Patrick A. Kohlmann and Vivian Thoreen presenters at the 2020 Annual meeting of as seminar entitled “Case Law and Other Changes in Trusts and Estates Practices”. In this concluding episode we discuss Levin v Winston-Levin (2019) 39 Cal.App.5th 1025 and Estate of Ashlock 45 Cal.App.5th 1066, both of which centered on Probate Code Section 859--the so called “double damages” statute. After a quick discussion on gametic material via… Read more
Listen to this episode Patrick A. Kohlmann and Vivian Thoreen pick out some highlights from the presentation at the 2020 Annual meeting entitled “Case Law and Other Changes in Trusts and Estates Practices”. In this episode we cover Pena vs. Day (2019) 39 Cal.App.5th 546, which involves a question of what constitutes an amendment to a trust, and Tubb v. Berkowitz (2020) 47 Cal.App.5th 548, a power of appointment case. We discuss the practical issues raised by these cases for… Read more
You are able to download or stream our podcasts from the episode links below, or by way of Spotify, Apple Podcast, Stitcher, PocketCast, Google Play Music, or your preferred podcast player.  Please remember to rate and review us, subscribe, and add to your playlist, where available. We appreciate your listening to Intangible Assets. In this episode, host David Lizerbram talks with Daniel Schacht of Donahue Fitzgerald LLP. Daniel heads the firm’s Music and Entertainment practice and co-chairs the Intellectual Property Practice Group. He also regularly teaches… Read more

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