California Lawyers Association

Trusts and Estates Section

Updates and events from the Trusts and Estates Section

The End of Life Option Act (EoLOA) became law in California in June 2016.  Although simple on its face, implementation of the law can be complex. Read more
This program will cover the scope of authority granted under powers of attorney; strategies for drafting provisions to meet your clients’ specific needs and to avoid litigation; proper management and administration by agents serving under powers of attorney; and litigation relating to breaches of duties by agents. Read more
Our speakers will discuss the appellate process for trusts and estates litigation matters. Considering the standard of review, avoiding waiver, and preserving or avoiding the record through the use of the statement of decision and the use or avoidance of court reporters are issues for practitioners to consider while still at the trial level. Read more
Summary: Upon a finding of financial elder abuse, an award of attorney’s fees is mandatory regardless of whether damages are awarded. Read more
Summary: A decedent’s intent governs disposition and posthumous use of his or her stored gametic material. Read more
Alma Soongi Beck of Lakin Spears LLP will provide an overview of estate planning for LGBTQ People and unmarried couples, and its evolution over her 18+ years of practice in this area. The discussion will cover the evolving landscape of local, county, and state domestic partnership registration and recognition, property tax issues for people not married and not state-registered domestic partners, considerations for health care directives, and a practitioner’s perspective of planning in this area four years beyond the landmark U.S. Supreme Court decision in Obergefell v. Hodges. Read more
The full date-of-death value of a GRAT is includable in a decedent’s gross estate for federal estate tax purposes, unless the grantor divests herself of possession of, enjoyment of, or a right to income from the property, leaving no string tying her to the property. Read more
In fulfilling their fiduciary obligations, trustees, conservators and other fiduciaries are often thrust into situations where they are required to act as an employer. From managing caretakers, issuing paychecks, setting schedules, to hiring and firing trust employees, this is perilous territory because California employers are saddled with a host of regulations they are expected to understand and follow precisely. Read more
Summary: A trustee who is also the donee of a general power of appointment over the trust assets may exercise that power in his own favor without liability because as donee he holds the power in a nonfiduciary capacity. Read more
Greetings from the Executive Committee of the Trusts and Estates Section (TEXCOM). We hope that all Section members and their families have remained safe and healthy during the COVID-19 pandemic. Read more

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